STATE v. RALEIGH

Nos. 95-2832, 95-3173.

686 So.2d 621 (1996)

STATE of Florida, Petitioner, v. Michael RALEIGH, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 13, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Petitioner.

Gregory W. Eisenmenger and Robert R. Berry of Amari, Theriac & Eisenmenger, P.A., Cocoa, for Respondent.


GRIFFIN, Judge.

The State of Florida seeks certiorari to quash orders of the lower court which have allowed the defendant below, Michael Raleigh, to assert consent as a defense to charges of lewd assault in violation of section 800.04, Florida Statutes (1993).

Raleigh was sixteen or seventeen years old at the time of the charged offenses, both alleged victims were age fifteen.1 Raleigh moved to dismiss the charges, asserting that...

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