final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Nineteenth Judicial Circuit,
St. Lucie County; Robert E. Belanger, Judge; L.T. Case No.
Haughwout, Public Defender, and Tatjana Ostapoff, Assistant
Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Kimberly T.
Acuña, Assistant Attorney General, West Palm Beach,
Curry appeals his convictions and sentences for three sex
offenses: Count I - sexual battery on a child by a person in
familial or custodial authority; Count II - lewd or
lascivious molestation of a child between 12 and 16 years of
age, and Count III - lewd or lascivious molestation of a
child less than 12 years of age. We affirm appellant's
convictions and sentences for Counts I and III, but reverse
as to Count II, because the trial court erred in denying
appellant's motion to dismiss Count II where the statute
of limitations had expired for that offense.
charged offenses stemmed from a 2004 episode in which T.M.
and S.M., the daughters of appellant's former girlfriend,
spent the day cleaning appellant's apartment and then
spent the night there.
state charged appellant with three counts relevant to this
appeal, which are paraphrased as follows:
COUNT I: Sexual battery by penile/vaginal penetration of
T.M., a child 12 years of age or older but less than 18,
while appellant was in a position of familial or custodial
authority, between June 23 and December 31, 2004, in
violation of Florida Statute 794.011(8)(b).
COUNT II: Lewd or lascivious molestation of T.M., a child
less than 16 years of age, by forcing or enticing her to
touch appellant's genitals in a lewd or lascivious
manner, between June 23 and December 31, 2004, in violation
of Florida Statute 800.04(5)(c)(2).
COUNT III: Lewd or lascivious molestation of S.M., a person
less than 12 years of age, by touching her breasts or genital
area or the clothing covering them between June 23 and
December 31, 2004, in violation of Florida Statute
case proceeded to trial on those counts, and the evidence
established the following facts.
was born in January 1992, and S.M. was born in June 1994. A
few years before the charged crimes occurred, T.M. and S.M.
were abandoned by their mother and were sent to live with
their grandparents. Appellant, a former boyfriend of their
mother, continued to see them.
2004, T.M., S.M., and their brother went to appellant's
apartment one day to clean it. At the time, T.M. was 12 ...