BLACKBURN v. STATE

No. 5D99-1512.

762 So.2d 989 (2000)

Robert Charles BLACKBURN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 3, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Robert Charles Blackburn appeals his conviction and sentence for one count of lewd and lascivious assault upon a child under 16 years of age. § 800.04(1), Fla. Stat. (1997). We affirm the conviction.

Blackburn stalked the victim in a department store before approaching him from the rear, grabbing him by the shoulders, and rubbing his erect penis on the victim's clothed back. The record does not indicate whether Blackburn was also fully clothed...

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