John Kittrell v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHN KITTRELL, Appellant, v. Case No. 5D11-3563 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 19, 2013 Appeal from the Circuit Court for Brevard County, Robert A. Wohn, Jr., Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges his convictions and sentences on ten counts of capital sexual battery, eight counts of lewd or lascivious molestation, and one count of lewd or lascivious exhibition. We affirm the convictions and sentences on all counts except Counts 1, 4, 8, 15 and 19. Because the State failed to introduce independent evidence to prove these counts, it was error to admit Appellant's confession to these crimes and Appellant is entitled to a new trial.1 See Corona v. State, 64 So. 3d 1232 (Fla. 2011) (ordering new trial after concluding that without confession, permissible evidence failed to establish corpus delicti of charged crime). AFFIRMED in part; REVERSED in part and REMANDED. TORPY, C.J., LAWSON and BERGER, JJ., concur. 1 No attempt was made to introduce the confession pursuant to section 92.565, Florida Statutes (2011). 2

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