Webb v. State
104 So. 3d 1153
| Fla. Dist. Ct. App. | 2012Background
- Webb appeals two convictions for lewd and lascivious molestation as to whether they violate double jeopardy.
- In June 2010, Webb was charged with two counts of lewd and lascivious molestation of a victim aged 12–16, occurring at a party.
- Victim testified she had just turned twelve; Webb touched her breast (under and over shirt) and crotch area over jeans within about ten minutes.
- Jury found Webb guilty on both counts; trial court imposed concurrent life sentences.
- On appeal, Webb argues the two convictions arise from the same criminal episode and constitute a double jeopardy violation.
- The court agrees, holding the acts occurred within one episode and vacates one conviction, remanding for resentencing on the remaining conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do dual convictions for lewd and lascivious molestation violate double jeopardy when based on a single episode? | Webb argues the offenses arose from the same transaction. | State contends the acts may constitute separate offenses within the same episode. | Yes; dual convictions violate double jeopardy; one conviction vacated and remanded for resentencing. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (standard for multiple punishments for same offense)
- Binns v. State, 979 So.2d 439 (Fla. 4th DCA 2008) (determine legislative intent; same episode analysis begins with episode whether multiple offenses)
- State v. Paul, 934 So.2d 1167 (Fla.2006) (recognizes analysis of whether offenses occurred during a single episode)
- Benjamin v. State, 77 So.3d 781 (Fla. 4th DCA 2011) (factors for single criminal episode include multiple victims, locations, temporal breaks)
- Yeye v. State, 37 So.3d 324 (Fla. 4th DCA 2010) (double jeopardy prohibits multiple punishments for same offense)
- Meshell, 2 So.3d 132 (Fla.2009) (distinct acts analysis in sexual battery cases)
- Drawdy v. State, 98 So.3d 165 (Fla. 2d DCA 2012) (does not extend distinct acts analysis to lewd or lascivious molestation)
- Sanders v. State, 101 So.3d 373 (Fla. 1st DCA 2012) (conflicting view on double jeopardy for dual molestation convictions)
- Valdes v. State, 3 So.3d 1067 (Fla.2009) (relevant for single-episode analysis in Florida)