DESBONNES v. STATE

No. 4D02-568.

846 So.2d 565 (2003)

Pitston DESBONNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 9, 2003.


Attorney(s) appearing for the Case

Virginia Stow, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We affirm Desbonnes' conviction and sentence on counts of lewd and lascivious battery and lewd and lascivious molestation. Desbonnes seeks a new trial on grounds that the lewd and lascivious molestation jury instruction was erroneous.

The record reflects evidence that the victim, E.B., was twelve years old and that Desbonnes was over eighteen years old. Two witnesses testified to the date of Desbonnes' ...

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