ORNIS v. STATE

No. 4D05-1852.

932 So.2d 648 (2006)

Johnny ORNIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 12, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant appeals his conviction and sentence for lewd and lascivious battery and simple battery. He argues that his double jeopardy right was violated when the court adjudicated and sentenced him for both lewd and lascivious battery and simple battery for the same conduct. We agree and reverse.

The evidence revealed that the victim visited the defendant's house on the date of the incident so that the defendant's sister could style her hair. When...

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