Messer v. State

District Court of Appeal of Florida

Messer v. State

876 So. 2d 1275, 2004 Fla. App. LEXIS 10094, 2004 WL 1530860

CourtDistrict Court of Appeal of Florida

DecidedJuly 9, 2004

DocketNo. 5D02-2738

StatusPublished

This text of 876 So. 2d 1275 (Messer v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Messer v. State, 876 So. 2d 1275, 2004 Fla. App. LEXIS 10094, 2004 WL 1530860 (Fla. Ct. App. 2004).

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Opinion

MONACO, J.

The appellant, John Wesley Messer, was convicted by a jury of one count of sexual activity with a child and two counts of lewd and lascivious molestation. The primary issue on this appeal concerns whether double jeopardy precludes conviction of, and sentencing on the two lewd and lascivious counts. After a careful review of the record we conclude that there was substantial competent evidence demonstrating that there was sufficient spatial and temporal differentiations between the multiple occurrences so that the jury could properly find that the appellant had time to pause, reflect and form a new criminal intent between the occurrences. See King v. State, 834 So.2d 311 (Fla. 5th DCA 2003); Morman v. State, 811 So.2d 714 (Fla. 2d DCA 2002); Eaddy v. State, 789 So.2d 1093 (Fla. 4th DCA 2001). Thus, the acts deemed by the jury to be lewd and lascivious molestations were sufficiently discrete to justify separate convictions and sentences for the two acts. Accordingly, there was no violation of constitutional [1276]*1276double jeopardy, and we affirm the judgment and sentence.

AFFIRMED.

PLEUS and TORPY, JJ., concur.

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MONACO, J.

The appellant, John Wesley Messer, was convicted by a jury of one count of sexual activity with a child and two counts of lewd and lascivious molestation. The primary issue on this appeal concerns whether double jeopardy precludes conviction of, and sentencing on the two lewd and lascivious counts. After a careful review of the record we conclude that there was substantial competent evidence demonstrating that there was sufficient spatial and temporal differentiations between the multiple occurrences so that the jury could properly find that the appellant had time to pause, reflect and form a new criminal intent between the occurrences. See King v. State, 834 So.2d 311 (Fla. 5th DCA 2003); Morman v. State, 811 So.2d 714 (Fla. 2d DCA 2002); Eaddy v. State, 789 So.2d 1093 (Fla. 4th DCA 2001). Thus, the acts deemed by the jury to be lewd and lascivious molestations were sufficiently discrete to justify separate convictions and sentences for the two acts. Accordingly, there was no violation of constitutional [1276]*1276double jeopardy, and we affirm the judgment and sentence.

AFFIRMED.

PLEUS and TORPY, JJ., concur.

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876 So. 2d 1275, 2004 Fla. App. LEXIS 10094, 2004 WL 1530860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messer-v-state-fladistctapp-2004.

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