MESSER v. STATE

No. 5D02-2738.

876 So.2d 1275 (2004)

John Wesley MESSER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 9, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The appellant, John Wesley Messer, was convicted by a jury of one count of sexual activity with a child and two counts of lewd and lascivious molestation. The primary issue on this appeal concerns whether double jeopardy precludes conviction of, and sentencing on the two lewd and lascivious counts. After a careful review of the record we conclude that there was substantial competent evidence demonstrating that there was sufficient spatial and temporal differentiations...

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