Davis v. State
The First DCA affirmed a 150-month sentence for lewd and lascivious battery, rejecting arguments that the court erred by not explaining its denial of a downward departure or youthful offender sentence, and that the adult-on-minor sentencing multiplier under section 921.0024(1)(b) did not apply to a section 800.04 conviction. The court agreed with the Fourth DCA's Millien decision that the multiplier's list of qualifying offenses (separated by semicolons) applies broadly, including to section 800.04 violations, rejecting Appellant's argument that the multiplier requires an underlying kidnapping/false imprisonment.
Key facts
- Davis was convicted of lewd and lascivious battery under section 800.04 and sentenced to 150 months.
- The trial court denied Davis's requests for a downward departure and youthful offender sentence without stating reasons for the denials.
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Why it matters
This opinion resolves an ambiguity in the frequently-litigated adult-on-minor sentencing multiplier statute, confirming (in line with the Fourth DCA's Millien decision) that section 800.04 lewd/lascivious battery… — full analysis with a trial
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