State of Florida v. Eric J. Drawdy
136 So. 3d 1209
| Fla. | 2014Background
- Drawdy sexually assaulted his teenage stepdaughter, including vaginal penetration and touching of breasts during the act.
- He was charged with one count of sexual battery under §794.011(8)(b) and one count of lewd or lascivious molestation under §800.04(5)(a) (2006).
- A jury convicted Drawdy on both counts and the trial court sentenced him to 30 years for sexual battery followed by 5 years of probation for molestation.
- The Second District held that double jeopardy barred both convictions in a single criminal episode and reversed/remanded to vacate the molestation conviction, certifying conflict with Roberts and Murphy.
- The Florida Supreme Court granted review to resolve whether the two convictions could stand without violating double jeopardy, and whether conflicting district court interpretations should be harmonized.
- Key authorities discussed include Blockburger, Meshell, Hayes, and other Florida double jeopardy precedents distinguishing distinct acts from a single episode.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars the two convictions. | State argues distinct acts warrant multiple punishments. | Drawdy contends the acts were the same continuous episode and not distinct. | Not barred; the acts are distinct criminal acts. |
| Whether touching breasts during vaginal penetration constitutes a separate act for double jeopardy purposes. | State asserts touching constitutes a separate criminal act beyond the sexual act. | Drawdy argues the touching is part of the same act. | Touching breasts during penetration is a separate act with different elements. |
Key Cases Cited
- State v. Meshell, 2 So.3d 132 (Fla. 2009) (distinct acts may warrant multiple punishments when offenses are of separate character)
- Hayes v. State, 803 So.2d 695 (Fla. 2001) (distinct acts within a single episode may permit multiple convictions)
- State v. Paul, 934 So.2d 1167 (Fla. 2006) (Blockburger applies to determine permissible multiple punishments)
- Beahr v. State, 992 So.2d 844 (Fla. 1st DCA 2008) (discussed distinction of acts for double jeopardy in Beahr framework)
- Roberts v. State, 39 So.3d 372 (Fla. 1st DCA 2010) (confirms multiple convictions for distinct acts; conflicts with Drawdy)
- Murphy v. State, 49 So.3d 295 (Fla. 5th DCA 2010) (rejects double jeopardy challenge to multiple offenses arising from same general conduct)
- Roughton v. State, 92 So.3d 284 (Fla. 5th DCA 2012) (pending review noted; discussed double jeopardy framework)
- Valdes v. State, 3 So.3d 1067 (Fla. 2009) (double jeopardy principles and de novo review framework)
