Jason Felton v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007 JASON FELTON, Appellant, v. Case No. 5D06-1299 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 13, 2007 Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge. James S. Purdy, Public Defender, and Robert Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Jason Felton, Madison, pro se. Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. After a jury trial, appellant was found guilty of sexual battery1 and lewd and lascivious battery. 2 We find no double jeopardy violation. The appellant committed multiple sexual acts on the fourteen-year-old victim. The evidence supports a finding 1 § 794.011(5), Fla. Stat. (2002). 2 § 800.04(4), Fla. Stat. (2002). that there was a sufficient temporal break between at least two of the acts so as to have allowed appellant "to reflect and form a new criminal intent for each offense." State v. Paul, 934 So. 2d 1167, 1173 (Fla. 2006); see also Schwenn v. State, 898 So. 2d 1130 (Fla. 4 th DCA 2005). AFFIRMED. PLEUS, LAWSON and EVANDER, JJ., concur. 2

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