(Download) "Welsh v. State" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Welsh v. State
- Author : Supreme Court of Illinois
- Release Date : January 12, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
We have for review the decision in Welsh v. State, 816 So. 2d 175 (Fla. 1st DCA 2002), which certified conflict with the decisions in Velazquez v. State, 648 So. 2d 302 (Fla. 5th DCA 1995), and King v. State, 642 So. 2d 649 (Fla. 2d DCA 1994). The conflict issue is whether lewd and lascivious conduct as set forth in section 800.04, Florida Statutes (1997), is a permissive lesser included offense of capital sexual battery as set forth in section 797.011(2)(a), Florida Statutes (1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We conclude, based on this Courts opinion in State v. Hightower, 509 So. 2d 1078 (Fla. 1987), that lewd and lascivious conduct is not a permissive lesser included offense of capital sexual battery, and thus, the defendant was not entitled to a jury instruction on the offense.
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