02-1907 ADAWAY V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-1907 ADAWAY V. STATE

Case Date: 11/26/2003

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

DARRICK T. ADAWAY, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D02-1907 LOWER TRIBUNAL NO. 00-32947

Opinion filed November 26, 2003. An appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge. Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee. Before COPE, GREEN and FLETCHER, JJ. PER CURIAM, Darrick T. Adaway appeals his life sentence without parole for capital sexual battery on a minor. his case, the life sentence He contends that as applied to to cruel and unusual

amounts

punishment.

We affirm.

At the time of the events at issue defendant was thirty-six years of age and the victim was eleven.1 The defendant was charged

in Count I with capital sexual battery "by placing his mouth in union with the vagina of [the victim] in violation of s.794.011(2) . . . Florida Statutes . . . ." Under section 794.011(2), Florida

Statutes (1999) "[a] person 18 years of age or older who commits sexual battery upon . . . a person less than 12 years of age commits a capital felony . . . ." The penalty is "life

imprisonment and [the offender] shall be ineligible for parole."

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