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Questions, questions: Double Jeopardy

By Matt Conigliaro, Esq.

In this case, the Fifth District certified the following to the Florida Supreme Court as a question of great public importance: ARE THE SEX ACTS PROSCRIBED BY SECTIONS 794.011 and 800.04(4), FLORIDA STATUTES, PROPERLY VIEWED AS "DISTINCT CRIMINAL ACTS" FOR DOUBLE JEOPARDY PURPOSES, SO THAT A DEFENDANT CAN BE SEPARATELY CONVICTED FOR EACH DISTINCT ACT COMMITTED DURING A SINGLE CRIMINAL EPISODE?

Full post as published by Abstract Appeal on June 27, 2008 (boomark / email).