KIZURI DEQUAN JACKSON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-10-28
No. 2025-0859
Osterhaus, C.J., Kelsey, J., Winokur, J., Brodersen, J.
2026 FL 14354 Florida District Court of Appeal, First District (2026)

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Holding

Lewd or lascivious battery can be proven on the basis of sexual contact with the sexual organ of another, and no fundamental error occurs when a defendant is tried and convicted by a six-person jury on noncapital charges.


Headnotes

[1] Lewd or lascivious battery may be proven by sexual contact with the sexual organ of another.

[2] No fundamental error occurs when a defendant is tried and convicted by a six-person jury on noncapital charges.

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Facts & Procedural History

Kizuri Dequan Jackson was convicted of lewd or lascivious battery in Escambia County Circuit Court.…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

No. 1D2025-0859

KIZURI DEQUAN JACKSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

On appeal from the Circuit Court for Escambia County. Amy Brodersen, Judge.

October 28, 2026

PER CURIAM.

AFFIRMED. See Nixon v. State, 342 So. 3d 691, 696 (Fla. 1st DCA 2022) (concluding that a lewd or lascivious battery can be proven on the basis of sexual union or “contact” with the sexual organ of another); see also Jack v. State, 349 So. 3d 925, 927 (Fla. 1st DCA 2022) (holding that no fundamental error occurs “when a defendant is tried and convicted by a six-person jury on noncapital charges").

OSTERHAUS, C.J., and KELSEY and WINOKUR, JJ., concur.


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