Benjamin v. State
2011 Fla. App. LEXIS 20323
Fla. Dist. Ct. App.2011Background
- Appellant was convicted of lewd or lascivious molestation under 800.04(5)(a) and lewd or lascivious conduct under 800.04(6)(a) for a single March 2005 incident involving the same victim, J.B., at her aunt’s house.
- The acts occurred during one episode: touching buttocks and buttocks area, followed by grinding motion against J.B.’s back, with no eye contact to genitals.
- Both convictions arose from the same criminal episode and target the same minor victim.
- Appellant received a 15-year prison sentence on count III and 15 years of sex offender probation on count IV, consecutive to count III.
- The issue is whether these dual convictions violate the Double Jeopardy Clause; the court applies Paul and Blockburger principles to determine if there were multiple punishments for a single act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do convictions under 800.04(5)(a) and (6)(a) violate double jeopardy when based on the same episode? | Appellant contends the two offenses are duplicative. | State contends offenses have distinct elements justifying separate punishments. | Yes; dual convictions violate double jeopardy, requiring vacatur of one conviction. |
Key Cases Cited
- State v. Paul, 934 So.2d 1167 (Fla.2006) (controls analysis of same-episode double jeopardy under 800.04(5)(a) and (6)(a))
- Gordon v. State, 780 So.2d 17 (Fla.2001) (establishes test for constitutionality of multiple convictions from a single transaction)
- Valdes v. State, 3 So.3d 1067 (Fla.2009) (recedes on part of Paul; clarifies legislative intent/Blockburger application)
- Binns v. State, 979 So.2d 439 (Fla.4th DCA 2008) (vacatur remedy for dual convictions found to violate double jeopardy)
- Blockburger v. United States, 284 U.S. 299 (1932) (establishes the same-elements test for multiple offenses)