Sanders v. State
101 So. 3d 373
| Fla. Dist. Ct. App. | 2012Background
- Sanders was charged with two counts of lewd or lascivious molestation: one for placing his mouth on the victim’s penis and one for forcing the victim to touch his penis.
- The jury convicted Sanders on both counts.
- At sentencing, Sanders argued double jeopardy barred dual convictions for acts arising in one incident.
- The trial court sentenced Sanders as a PRR to an aggregate 40-year term, with consecutive 15-year terms.
- During Rule 3.800(b)(2) proceedings, the court struck some fines and corrected the PRR status but kept a $20 Crime Stoppers surcharge and a $100 cost of prosecution.
- Sanders appeals, challenging the double jeopardy ruling and the imposition of the $20 surcharge and $100 cost.
- The appellate court affirms the convictions and sentences but remands to strike the $20 surcharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do双 convictions violate double jeopardy | Sanders: same-episode offenses cannot yield multiple punishments | State: offenses are distinct acts under statute | No double jeopardy; distinct acts justify separate convictions |
| Whether the $20 Crime Stoppers surcharge must be struck and whether the $100 cost of prosecution must stand | Sanders: surcharge invalid without a fine | State: surcharge may apply; costs mandatory | Strike the $20 surcharge; $100 cost of prosecution remains mandatory |
Key Cases Cited
- Roberts v. State, 39 So.3d 372 (Fla. 1st DCA 2010) (distinct acts in lewd or lascivious molestation permit multiple convictions)
- Meshell v. State, 2 So.3d 132 (Fla. 2009) (sexual acts proscribed in lewd or lascivious statutes are distinct acts for double jeopardy)
- Brown v. State, 25 So.3d 78 (Fla. 2d DCA 2009) (supports Roberts on multiple lewd or lascivious molestation convictions)
- State v. Paul, 934 So.2d 1167 (Fla.2006) (provides guidance on episode-based double jeopardy analysis)