620 So. 2d 1082 | Fla. Dist. Ct. App. | 1993
Jewell Roberts appeals the final judgment that adjudicated him guilty of four counts of kidnapping, four counts of robbery with a deadly weapon, fourteen counts of lewd and lascivious act on or in the presence of a child, and three counts of sexual battery with a deadly weapon. He raised three issues relative to his convictions, but only one has merit.
The state’s evidence established that Roberts approached four girls under the age of sixteen at a ballfield area in a city park. He held a knife to one of the girls and ordered all of the girls into a nearby ballfield dugout. Roberts first rubbed each girl’s breasts. Next he instructed the girls to remove their pants and panties, after which Roberts rubbed and in some cases inserted his finger into the girls’ va-ginas. Roberts then exposed his penis, masturbated, and ejaculated while standing behind the girls. He also forced some of the girls to touch his penis. Finally, Roberts instructed the girls to “play with themselves like they did at night in bed,” which caused the girls to touch their vaginas. Roberts then took the girls’ panties and left. When arrested, some of the girls’ panties were in Roberts’s possession.
Accordingly, we reverse the convictions in counts 12, 16, 19, and 24 and remand to the trial court to resentence Roberts to only one of these counts. Otherwise, the judgment and sentences are affirmed.