State v. Meshell

2 So. 3d 132 (Fla. 2009) · Supreme Court of Florida · January 22, 2009 · No. SC08-903

Summary

The Supreme Court of Florida held that distinct sexual acts proscribed by section 800.04(4), Florida Statutes, constitute separate criminal acts for double-jeopardy purposes. The court concluded that convictions for vaginal penetration or union and oral sex did not violate double jeopardy, even though the acts occurred during a single criminal episode. It quashed the Fifth District Court of Appeal’s decision and remanded with directions to reinstate the convictions and sentences.

Holdings

  1. The oral, anal, and vaginal sexual acts proscribed by section 800.04(4) are acts of separate character and type requiring different elements of proof and therefore are distinct criminal acts.
  2. Separate convictions and punishments for Meshell's vaginal and oral sexual acts do not violate double jeopardy because the acts are distinct criminal acts.

Questions Presented

  1. Whether vaginal penetration or union and oral sex proscribed by section 800.04(4), Florida Statutes (2006), are distinct criminal acts permitting separate convictions and punishments during a single criminal episode.
  2. Whether separate convictions and punishments for the two distinct sexual acts violate the constitutional prohibition against double jeopardy.

Disposition

quashed

Cases Cited (15)

  • Meshell v. State, 980 So. 2d 1169 (Fla. 5th DCA 2008)(reversed)
  • Capron v. State, 948 So. 2d 954 (Fla. 5th DCA 2007)(discussed)
  • State v. Paul, 934 So. 2d 1167, 1171-72 (Fla. 2006)(followed)
  • Duke v. State, 444 So. 2d 492, 493-94 (Fla. 2d DCA 1983), approved, 456 So. 2d 893 (Fla. 1984)(followed)
  • Begley v. State, 483 So. 2d 70, 74 (Fla. 4th DCA 1986)(followed)
  • Saavedra v. State, 576 So. 2d 953, 956-57 (Fla. 1st DCA 1991), approved, 622 So. 2d 952 (Fla. 1993)(followed)
  • Gill v. Secretary, Department of Corrections, No. 8:04-cv-140-T-23MAP, 2008 WL 906647, at *27 (M.D. Fla. Mar. 31, 2008)(followed)
  • Schwenn v. State, 898 So. 2d 1130, 1132 (Fla. 4th DCA 2005)(discussed)
  • Grunzel v. State, 484 So. 2d 97 (Fla. 1st DCA 1986)(discussed)
  • Bass v. State, 380 So. 2d 1181 (Fla. 5th DCA 1980)(discussed)

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