ROBERT B. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT B. DAVIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
764 So. 2d 930
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant Robert B. Davis appeals an order revoking his community control. We affirm the revocation, but remand so that the trial judge may conform the written order to the oral pronouncement that the State had proven that Davis committed a battery, as opposed to an aggravated battery. See Earle v. State, 519 So. 2d 757, 758 (Fla. 1st DCA 1988).
Affirmed and remanded with directions.
WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Seagrave v. State, 802 So. 2d 281 (Fla. 2001)…eted section 921.0011(7)(b)2. presently are in agreement that “sexual contact” victim injury points are not limited to acts involving “a union of the sexual organ of one person with the oral, anal or vaginal openings of another.” See Louis v. State, 764 So. 2d 930, 931-32 (Fla. 4th DCA 2000) (holding that conviction for attempted sexual battery for the intentional touching of the minor victim’s chest and genital area constituted sexual contact to warrant the assessment of victim injury points under the senten…
-
Hernandez v. State, 31 So. 3d 873 (Fla. 4th DCA 2010)…tte v. State, 786 So. 2d 27, 28 n. 2 (Fla. 5th DCA 2001) (holding that sexual contact includes touching a child’s vaginal area, and opined that this would constitute sexual contact even if the touching was over the child’s clothing); Louis v. State, 764 So. 2d 930 (Fla. 4th DCA 2000) (holding that touching the victim’s chest through her shirt, along with touching her stomach and genital area, involved sexual contact for which victim [*881] injury points were properly scored); State v. Milanes, 762 So. 2d 572,…
-
Fredette v. State, 786 So. 2d 27 (Fla. 5th DCA 2001)…ED. THOMPSON, C.J., HARRIS and SAWAYA, JJ., concur. . § 800.04(1), Fla. Stat. (1997). . Even if one assumed arguendo that the sexual contact was over her clothes, an argument Fredette makes, that would not change this outcome. See Louis v. State, 764 So. 2d 930, 931-32 (Fla. 4th DCA 2000).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Earle v. State, 519 So. 2d 757 (Fla. 1st DCA 1988)