RIOS v. STATE

No. 5D99-3270.

791 So.2d 1208 (2001)

Jesus Modesto RIOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 17, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Marvin F. Clegg and John M. Selden, Assistants Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Rios appeals his convictions for capital sexual battery and lewd and lascivious assault upon a child. We affirm his conviction for capital sexual battery. Because the lewd and lascivious assault arose out of the same act as the capital sexual battery, his conviction on this count violated double jeopardy and must be reversed.

Twenty year old Jesus Rios came to Florida with his family to visit relatives...

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