GARCIA v. STATE

No. 92-3198.

633 So.2d 518 (1994)

Abelardo GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification Denied April 7, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

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


KLEIN, Judge.

Defendant appeals from a conviction for violation of section 800.04(3) (statutory rape) arising out of his consensual sexual relations with his 15-year-old girlfriend. He argues that the statute, because it eliminates the defense of consent by his minor sexual partner, violates his right of privacy under the Florida constitution and that it also deprives him of due process. We conclude the statute is constitutional and affirm.

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