FEY v. STATE

No. 4D09-5336.

125 So.3d 828 (2013)

George FEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 27, 2013.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Emily Ross-Booker , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.


CONNER, J.

To prove a battery, the State must demonstrate an intentional touching. George Fey was convicted of one count of burglary with an assault or battery and lewd or lascivious conduct. At trial, the State asserted that in order to achieve sexual gratification, he positioned himself to be touched by the victims' feet when the victim moved in their sleep. We find Fey's actions were substantially certain to result in a touching and thus constitute an intentional...

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