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STATE v. MESHELL

No. SC08-903.

2 So.3d 132 (2009)

STATE of Florida, Petitioner, v. Joshua MESHELL, Respondent.

Supreme Court of Florida.

January 22, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, FL, Kristen L. Davenport and Wesley Heidt, Assistant Attorneys General, Daytona Beach, FL, for Petitioner.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.

POLSTON, J.

Petitioner State of Florida argues that the Fifth District Court of Appeal in Meshell v. State, 980 So.2d 1169 (Fla. 5th DCA 2008), erred in holding that Respondent Joshua Meshell's convictions for lewd and lascivious battery, under section 800.04(4), Florida Statutes (2006), for vaginal penetration or union (Count 1) and for oral sex (Count 3) violated double jeopardy. Because these are distinct criminal acts...

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