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STATE v. WERNER

No. 78371.

609 So.2d 585 (1992)

STATE of Florida, Petitioner, v. Martin WERNER, Respondent.

Supreme Court of Florida.

Rehearing Denied January 5, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for petitioner.

Bruce Rogow and Beverly A. Pohl, Fort Lauderdale, for respondent.

Sharon L. Wolfe, Cooper & Wolfe, P.A., Miami, amicus curiae, for The Guardian Ad Litem Program, Eleventh Judicial Circuit.

Nancy S. Palmer and Martha Michael Gates, Orlando, amicus curiae, for The Family Law Section of The Florida Bar, N. David Korones, Chairman and Wayne Boyer, Chairman, Amicus Curiae Committee.

PER CURIAM.

We have for review Werner v. State, 590 So.2d 431, 435 (Fla. 4th DCA 1991), in which the Fourth District Court of Appeal certified the following question to be of great public importance:

DOES THE STATE HAVE TO PROVE THAT THE VICTIM SAW OR SENSED THE LEWD OR LASCIVIOUS ACT IN THE PROSECUTION OF A DEFENDANT CHARGED UNDER SECTION 800.04(3), FLORIDA STATUTES (1987)?

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