CRUZ v. STATE

No. 5D05-3863.

941 So.2d 1245 (2006)

Jose CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 17, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The appellant, Jose Cruz, was convicted of one count of lewd and lascivious molestation and one count of lewd or lascivious conduct, both of which are violations of subsections of section 800.04, Florida Statutes (2004). Because of the constitutional requirements prohibiting double jeopardy, one of the convictions must be reversed.

Mr. Cruz, who was over 18 at the time of the offenses, was convicted by jury trial of one count of the information...

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