Monroe v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of sexual battery against a child by a person eighteen years of age or older and lewd and lascivious molestation on a child by a person eighteen years of age or older. The trial court sentenced Defendant to life imprisonment plus forty years and designated him a sexual predator. The First District Court of Appeal ultimately affirmed Defendant’s sentence. The First District then certified a question to the Supreme Court asking whether case law requires preservation of an evidentiary deficiency where the State proved only a lesser included offense and the sentence required for the greater offense would be unconstitutional as applied to the lesser offense. The Supreme Court answered the certified question in the affirmative but remanded the matter on the grounds that Defendant’s trial counsel rendered ineffective assistance by failing to move for judgment of acquittal of the greater offenses during or after trial.
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