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SIMMONS v. STATE

No. 98-1010.

722 So.2d 862 (1998)

William Eugene SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 7, 1999.

Attorney(s) appearing for the Case

Terrence E. Kehoe of Law Office of Terrence E. Kehoe, and James M. Russ, of Law Office of James M. Russ, Orlando, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for appellee.

HARRIS, J.

Simmons was convicted of two counts of committing a lewd act by having sexual intercourse with a child under sixteen and, because each child witnessed the sexual act being committed on the other, two counts of committing a lewd act in the presence of a child. He appeals contending that the commission of a sexual act on one child (section 800.04(3), Florida Statutes) cannot constitute the separate crime of committing a lewd and lascivious act in the presence...

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