Graves v. State
2012 Fla. App. LEXIS 14164
| Fla. Dist. Ct. App. | 2012Background
- Graves was convicted by a jury of lewd or lascivious battery and lewd or lascivious molestation of K.A., then 13.
- K.A. was Graves’ step-granddaughter; the conduct occurred at a family reunion in Florida.
- The evidence showed Graves carried K.A. to a bed, removed her clothes, and penetrated her vagina with his penis.
- The information charged battery as penetration/union with the victim’s sexual organ and molestation as lewd touching of the victim’s genitalia.
- The two charges arose from a single criminal episode; the jury returned separate convictions and sentences for each.
- The trial court did not determine whether the offenses were distinct for purposes of double jeopardy, leading to appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether multiple convictions violate double jeopardy | Graves | State | One offense only; reverse and acquit the lesser offense |
Key Cases Cited
- Gibbs v. State, 698 So.2d 1206 (Fla.1997) (analyze conduct via charging document for alternative conduct statutes)
- State v. Meshell, 2 So.3d 132 (Fla.2009) (distinct acts; review conduct alleged to determine separate offenses)
- Blockburger v. U.S., 284 U.S. 299 (1932) (test for multiple punishments when offenses require different elements)
- Roughton v. State, 92 So.3d 284 (Fla.5th DCA 2012) (lewd or lascivious molestation vs. sexual battery require different elements)
- State v. Paul, 934 So.2d 1167 (Fla.2006) (footnote reaffirming distinct-element analysis in multiple charges)
- Latimer v. State, 44 So.3d 1239 (Fla.5th DCA 2010) (recognizes analysis of separate conduct in double jeopardy)