193 So. 3d 115
Fla. Dist. Ct. App.2016Background
- Ronnie Knighton was charged by information with lewd or lascivious battery alleging penile-vaginal intercourse with a child (age 12–15) in violation of section 800.04.
- The State introduced paternity test results showing Knighton fathered the child, which the court treated as proof of the charged sexual intercourse.
- At the charge conference Knighton requested a jury instruction on the permissive lesser-included offense of "unnatural and lascivious act." The State and trial court denied the request, reasoning penile-vaginal intercourse is not "unnatural."
- The jury convicted Knighton as charged. After verdict, Knighton moved to strike prior juvenile adjudications from the sentencing scoresheet under Alleyne; the trial court denied the motion and sentenced him to 12 years’ imprisonment.
- Knighton appealed, arguing (1) the trial court erred by refusing the permissive lesser-included instruction and (2) erred by including prior juvenile dispositions on the scoresheet. The Fourth DCA reversed on the instruction issue and affirmed on the scoresheet issue.
Issues
| Issue | Knighton’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the trial court must give a permissive lesser-included instruction for "unnatural and lascivious act" when charged with lewd or lascivious battery by intercourse | Knighton: intercourse with a child can constitute "unnatural and lascivious act"; jury should have option to convict of lesser offense | State: penile-vaginal intercourse is not "unnatural," so instruction inappropriate | Court held: sexual intercourse between adult and child can be "unnatural and lascivious" and the offense is a permissive lesser-included to lewd or lascivious battery; failure to instruct reversible error |
| Whether trial court erred by including prior juvenile dispositions on sentencing scoresheet | Knighton: juvenile dispositions should be stricken post-Alleyne | State: juvenile dispositions are valid prior convictions for scoring; rule and precedent allow inclusion | Court held: inclusion was not error; prior juvenile dispositions may be counted on scoresheet |
Key Cases Cited
- Funiciello v. State, 179 So. 3d 388 (Fla. 5th DCA 2015) (held intercourse and digital penetration with a child can constitute "unnatural and lascivious" acts and are permissive lesser-included offenses)
- Harris v. State, 742 So. 2d 835 (Fla. 2d DCA 1999) (held defendant charged with lewd or lascivious battery not entitled to unnatural-and-lascivious instruction)
- Wimberly v. State, 498 So. 2d 929 (Fla. 1986) (framework for determining when lesser-included instructions are required)
- Reddick v. State, 394 So. 2d 417 (Fla. 1981) (failure to instruct on the next immediate lesser-included offense is reversible error)
- Williams v. State, 627 So. 2d 1279 (Fla. 1st DCA 1993) (instructive on analyzing indictment and proof for category-two lesser offenses)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (supreme court decision relied on by defendant regarding facts that increase mandatory minimums)
- Nichols v. State, 910 So. 2d 863 (Fla. 1st DCA 2005) (prior juvenile dispositions may be treated as prior convictions for sentencing purposes)