Summary
In Kitts v. State, 766 So.2d 1067 (Fla. 5th DCA 2000), the fifth district, en banc, held that the fondling of breasts would constitute "sexual contact."
Summary of this case from Borjas v. StateOpinion
No. 5D98-2957.
Opinion filed August 31, 2000. JULY TERM 2000
Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.
James B. Gibson, Public Defender,and Stephanie H. Park and John M. Selden, Assistant Public Defenders, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.
ON MOTION FOR CERTIFICATION
We grant appellant's motion for certification en banc, and certify the following question to be one of great public importance:
Fla. R. App.P. 9.030(2)(A)(v).
IN A CASE WHERE A DEFENDANT IS CONVICTED OF A VIOLATION OF SECTION 800.04(1), FLA. STAT. BASED ON EVIDENCE THAT HE KISSED AND FONDLED A CHILD'S BREASTS, ARE VICTIM INJURY POINTS ASSESSABLE UNDER THE GUIDELINES PURSUANT TO SECTION 921.0011(7)(B)2 FOR "SEXUAL CONTACT THAT DOES NOT INCLUDE SEXUAL PENETRATION?"
THOMPSON, CJ., COBB, SHARP, W., HARRIS, GRIFFIN, PETERSON, SAWAYA and PLEUS, JJ., concur.
DAUKSCH, J., recused.