Marcus Jamal Graham v. State of Florida
207 So. 3d 135
| Fla. | 2016Background
- Marcus Graham was convicted of two counts of lewd or lascivious molestation for sequentially touching a victim’s breasts and buttocks during one episode.
- He appealed, arguing the dual convictions under the same statute violated double jeopardy and that the trial court improperly restricted cross-examination of the victim and her mother.
- The First District affirmed, relying on State v. Meshell to treat the separate touches as distinct acts permitting multiple punishments, and certified conflict with Fourth District decisions in Webb and Cupas.
- The Fourth District in Webb and Cupas had held that multiple convictions under the same lewd-or-lascivious statute within one criminal episode could violate double jeopardy because the statute’s elements are identical for each touch.
- The Supreme Court of Florida granted review, approved the First District’s approach, disapproved Webb and Cupas, and affirmed Graham’s convictions and sentences.
Issues
| Issue | Plaintiff's Argument (Graham) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether double jeopardy bars multiple convictions under the same statute for acts in one episode | Dual convictions under the same statute for touches in a single episode violate double jeopardy | Blockburger permits multiple punishments where sequential acts are distinct; Meshell supports treating different sexual acts as distinct | No double jeopardy violation; apply Blockburger distinct-acts test—each sequential touch is a separate punishable act; First DCA approved, Fourth DCA disapproved |
| Whether trial court erred in limiting cross-examination about prior molestation and mother’s abuse history | Excluded testimony was probative of victim’s predisposition/misinterpretation and essential to defense | Trial court properly limited inadmissible or insufficiently proffered testimony; exclusion within discretion and harmless if error | No abuse of discretion; rulings upheld and any error harmless |
Key Cases Cited
- State v. Meshell, 2 So. 3d 132 (Fla. 2009) (held certain sexual acts are "distinct" and may support multiple punishments under same statute)
- Blockburger v. United States, 284 U.S. 299 (1932) (articulated distinct-acts and different-elements tests for double jeopardy)
- Webb v. State, 104 So. 3d 1153 (Fla. 4th DCA 2012) (conflicting Fourth DCA decision holding dual convictions in one episode violated double jeopardy)
- Cupas v. State, 109 So. 3d 1174 (Fla. 4th DCA 2013) (Fourth DCA applied Webb reasoning; partially rejected here)
- Sanders v. State, 101 So. 3d 373 (Fla. 1st DCA 2012) (First DCA decision recognizing different statutory ways to violate lewd-or-lascivious statute)
- State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) (harmless-error standard for criminal convictions)