TALKINGTON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-07-10
No. 2023-1344
Clark, J., Thomas, B.L., J., Ray, J., Kelsey, J.
2024 FL 8221 Florida District Court of Appeal, First District (2024)

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Holding

The convictions for sexual battery on a person less than 12 years of age, lewd or lascivious battery on a person 12 to 16 years of age, and lewd or lascivious molestation on a person less than 12 years of age are affirmed.


Facts & Procedural History

Sean Michael Talkington was convicted by jury of two counts of sexual battery on a person less than 12 years of age, one count of lewd or lascivious b…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-1344 _____________________________

SEAN MICHAEL TALKINGTON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Bay County. Brantley S. Clark, Judge.

July 10, 2024

PER CURIAM.

Sean Michael Talkington was convicted after a jury trial of two counts of sexual battery on a person less than 12 years of age (counts I–II), one count of lewd or lascivious battery on a person 12 years of age or older but less than 16 years of age (count III), and one count of lewd or lascivious molestation on a person less than 12 years of age (count IV). He received sentences of life in prison on counts I and II, 15 years in prison on count III, and 25 years in prison followed by life on probation on count IV. All sentences were imposed consecutively. Talkington was designated as a sexual predator.

On appeal, Talkington’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that counsel is

AFFIRMED.

B.L. THOMAS, RAY, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Footnotes
2 unable to present any good-faith claim of reversible error. Our own independent review of the record likewise found no arguable basis for reversal. We note that Talkington preserved a challenge to the trial court’s sua sponte imposition of the mandatory $100 cost of prosecution. But this Court has already determined that this claim is meritless. See Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023), rev. granted, SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024).

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