Mello v. State

District Court of Appeal of Florida

Mello v. State

633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191

District Court of Appeal of Florida·Decided March 18, 1994·No. No. 93-809·Published

Opinion

PER CURIAM.

We affirm Mello’s convictions and sentences for two counts of lewd and lascivious acts upon a child,¹ and four counts of committing unnatural and lascivious acts.² With regard to Mello’s convictions under section 800.04, we certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So.2d 418 (Fla. 5th DCA), rev. granted, 629 So.2d 133 (Fla.1993), namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.04 which provides that consent is not a defense to a prosecution for sexual activity with a minor under the age of sixteen.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm Mello’s convictions and sentences for two counts of lewd and lascivious acts upon a child,¹ and four counts of committing unnatural and lascivious acts.² With regard to Mello’s convictions under section 800.04, we certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So.2d 418 (Fla. 5th DCA), rev. granted, 629 So.2d 133 (Fla.1993), namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.04 which provides that consent is not a defense to a prosecution for sexual activity with a minor under the age of sixteen.

AFFIRMED.

W. SHARP, GRIFFIN and THOMPSON, JJ., concur.

Mello v. State, 633 So. 2d 119, 1994 Fla. App. LEXIS 2506, 1994 WL 84191 (Fla. Ct. App. 1994).

Pincite

633 So. 2d 119 (Mello v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related