James Houston Roughton, Petitioner v. State of Florida, Respondent — Quince, J., Dissenting

Summary

Justice Quince’s dissent would conclude that convicting Roughton of both sexual battery and lewd or lascivious molestation for the same act of placing his mouth on the victim’s penis violated double-jeopardy protections. The dissent reasons that the analysis must focus on the conduct charged and proved, rather than the full theoretical range of conduct under each statute, and that the molestation offense added only intentional and lewd-or-lascivious requirements. The dissent would quash the decision below and require vacation of the molestation conviction.