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JOHNSON v. STATE

No. 2D04-3586.

913 So.2d 1291 (2005)

David Patrick JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 18, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

David Patrick Johnson was convicted of burglary of a dwelling, sexual battery on a victim under twelve, and lewd and lascivious molestation. He challenges only his conviction and sentence for lewd and lascivious molestation, claiming that it was entered in violation of his right to be free from double jeopardy. Not only do we agree that the lewd and lascivious conviction violates double jeopardy, we also conclude that the conviction lacks factual record...

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