OMELIEN v. STATE

No. 4D05-3415.

939 So.2d 1174 (2006)

Richardson OMELIEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 2006.


Attorney(s) appearing for the Case

Santiago Lavandera of Santiago Lavandera, P.A., Miami Lakes, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

As a result of having sexual activity with a victim under the age of sixteen, appellant was convicted of violating section 800.04(4), Florida Statutes (2003) (lewd and lascivious battery), and section 800.04(5)(c)(2) (lewd and lascivious molestation). He argues that double jeopardy precludes separate convictions because they stem from one criminal episode. We affirm.

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