KARCHESKY v. STATE

No. 86-1440.

509 So.2d 403 (1987)

Marcus E. KARCHESKY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 9, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

Marcus E. Karchesky, defendant, appeals a final judgment and sentence claiming a violation of his constitutional guarantee against being placed in jeopardy twice for the same offense.

On October 13, 1985, defendant engaged in sexual intercourse with the twelve year old daughter of his live-in girlfriend. As a result of this single act of intercourse, defendant was charged with and convicted of section 794.05, Florida Statutes (1985) (carnal...

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