Drawdy v. State
2012 Fla. App. LEXIS 14870
| Fla. Dist. Ct. App. | 2012Background
- Drawdy raped his teenage stepdaughter and touched her breasts during the encounter.
- A jury convicted Drawdy of sexual battery and lewd or lascivious molestation arising from the same episode.
- Trial court sentenced: 30 years for sexual battery and 5 years' probation for molestation.
- Drawdy challenges the convictions as double jeopardy in the same criminal episode.
- This court must determine whether the two offenses can be punished separately in a single episode.
- The court ultimately reverses on the molestation conviction and remands to vacate it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does double jeopardy bar dual convictions in a single episode? | Drawdy argues the two offenses are one act. | State contends separate offenses may be punished if distinct acts or elements exist. | Yes; double jeopardy precludes the two offenses as separate. |
| Are sexual battery and lewd or lascivious molestation distinct offenses in this context? | Beahr/Roberts framework allows separate convictions where acts are distinct. | Roberts/Murphy/Roughton allow separate convictions for different sexual acts in same episode. | Beahr controls; sexual battery contains an element not in molestation, but molestation is subsumed; cannot sustain separate convictions here. |
| What governs the outcome when two offenses arise from a single episode with a single victim and no temporal break? | Multiple offenses arising from same episode may be punished separately if distinct acts. | Legislature intended to punish separate acts separately where appropriate. | Single episode; Blockburger analysis favors vacating molestation conviction. |
| Should the conviction for lewd or lascivious molestation be vacated upon reversal? | Convictions for molestation and sexual battery should stand if permissible. | Molestation conviction invalid where offenses are not separately punishable. | Conviction for lewd or lascivious molestation vacated; remanded. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1952) (two offenses from same act require proof of distinct elements)
- Beahr v. State, 992 So.2d 844 (Fla. 1st DCA 2008) (sexual battery includes a element not in molestation, converse not true; double jeopardy prohibits separate convictions)
- Meshell v. State, 2 So.3d 132 (Fla. 2009) (extends distinct acts concept to multiple sexual offenses arising in one episode)
- Roberts v. State, 39 So.3d 372 (Fla. 1st DCA 2010) (extends Meshell; allows multiple sexual offenses in one episode)
- Murphy v. State, 49 So.3d 295 (Fla. 5th DCA 2010) (dual convictions for sexual battery vs. lewd acts in single episode not precluded)
- Roughton v. State, 92 So.3d 284 (Fla. 5th DCA 2012) (double jeopardy not preclude dual convictions for sexual battery and lewd/molestation in single act)
- Valdes v. State, 3 So.3d 1067 (Fla. 2009) (double jeopardy forbids multiple punishments for same offense)