Manetta v. State, 2012 Fla. App. LEXIS 2526

Manetta was convicted of two counts of lewd and lascivious molestation of a child aged 12–16 (Counts I and II) and one count of molestation of a child under 12 (Count IV); victim for Counts I–II was a 13-year-old friend staying at his home, and Count IV involved his eight-year-old daughter.
During the State's case, it was revealed that Manetta's daughter, the primary witness, had unresolved similar accusations against three other persons.
Manetta argued for mistrial, continuance, or new trial based on the late disclosure of these accusations.
The appellate court held the claim was not properly preserved because there was no adverse ruling below, and under Pantoja v. State, similar-claim evidence without an adverse adjudication remains inadmissible.
The trial court also addressed double jeopardy concerns for Counts I and II, which were identical in all material respects; the court vacated one of the two judgments.
Count III resulted in a acquittal; Count IV remained affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation and admissibility of similar-accusation evidence	Manetta	Manetta	No reversible error; claim unpreserved and without adverse adjudication, inadmissible per Pantoja.
Double jeopardy for Counts I and II	Manetta	Manetta	Count II vacated; Counts I and IV affirmed; double jeopardy barred for two identical counts.

LeRetilley v. Harris, 354 So.2d 1213 (Fla. 4th DCA 1978) (preservation concerns for issues not properly ruled on)
Pantoja v. State, 59 So.3d 1092 (Fla.2011) (admissibility of similar-accusation evidence without adverse adjudication)
Partch v. State, 43 So.3d 758 (Fla.1st DCA 2010) (double jeopardy where charging language is ambiguous about distinct acts)
Lippman v. State, 633 So.2d 1061 (Fla.1994) (double jeopardy concerns for multiple convictions for the same crime)
Meshell v. State, 2 So.3d 132 (Fla.2009) (authorizes multiple charges for separate acts under §800.4(1)(a) vs. §800.4(5)(c))