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Privett v. State

District Court of Appeal of Florida, First District.
Apr 16, 2013
110 So. 3d 543 (Fla. Dist. Ct. App. 2013)

Summary

reversing a conviction for soliciting unlawful sexual activity with minors, in violation of sections 794.05 and 777.04, Florida Statutes

Summary of this case from Cleveland v. State

Opinion

No. 1D12–0192.

2013-04-16

William Bryan PRIVETT, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Alachua County. Ysleta W. McDonald, Judge. Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General, Tallahassee, for Appellee.


An appeal from the Circuit Court for Alachua County. Ysleta W. McDonald, Judge.
Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

We affirm William Bryan Privett's conviction for lewd or lascivious battery on a person under 16 years of age and the ten-year sentence (followed by five years' probation) he received as a result. We also affirm his convictions on counts three and four and the sentences he received on those counts. But we reverse his conviction on count two for soliciting unlawful sexual activity with minors, in violation of sections 794.05 and 777.04(2), Florida Statutes (2008). See Stumpf v. State, 677 So.2d 1298, 1298 (Fla. 5th DCA 1996) (“Threatening to make another person the victim of a crime obviously does not constitute the conduct proscribed by section 777.04(2), Florida Statutes[.]”). See also Randall v. State, 919 So.2d 695, 697 (Fla. 4th DCA 2006); Patel v. State, 679 So.2d 850, 852 (Fla. 1st DCA 1996) (reversing because the charged offense would require proof that the defendant had been “soliciting [the minor] to commit sexual battery on another child younger than age 16”).

Affirmed in part, reversed in part, and remanded.

BENTON, C.J., ROWE, and MARSTILLER, JJ., concur.


Summaries of

Privett v. State

District Court of Appeal of Florida, First District.
Apr 16, 2013
110 So. 3d 543 (Fla. Dist. Ct. App. 2013)

reversing a conviction for soliciting unlawful sexual activity with minors, in violation of sections 794.05 and 777.04, Florida Statutes

Summary of this case from Cleveland v. State

reversing a conviction for soliciting unlawful sexual activity with minors, in violation of sections 794.05 and 777.04, Florida Statutes

Summary of this case from Cleveland v. State

reversing a conviction for soliciting unlawful sexual activity with minors, in violation of sections 794.05 and 777.04, Florida Statutes

Summary of this case from Cleveland v. State
Case details for

Privett v. State

Case Details

Full title:William Bryan PRIVETT, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Apr 16, 2013

Citations

110 So. 3d 543 (Fla. Dist. Ct. App. 2013)

Citing Cases

Cleveland v. State

Here, Cleveland was charged only with violating section 800.04(6). Compare,Privett v. State, 110 So.3d 543…

Cleveland v. State

Here, Cleveland was charged only with violating section 800.04(6). Compare, Privett v. State, 110 So. 3d 543…