Wong v. StateAnnotate this Case
Petitioner was convicted of multiple counts of lewd or lascivious molestation against three victims over the course of differing time periods. The trial court sentenced Petitioner to life imprisonment for the counts involving a victim under the age of twelve years old and fifteen years’ imprisonment for each of the other counts. Defendant appealed, arguing that the trial court erred in failing to include his requested jury instructions for each count pertaining to the lesser included offense of unnatural and lascivious act. The Second District Court of Appeal affirmed, concluding that Petitioner failed to preserve his claim for appeal. The Supreme Court quashed the decision below, holding (1) Petitioner sufficiently preserved his request for a lesser-included offense instruction; and (2) Petitioner was entitled to the unnatural and lascivious act jury instructions he requested.