5D07-1998 Joseph Underwood v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-1998

Case Date: 07/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008

JOSEPH A. UNDERWOOD, II, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 11, 2008 Appeal from the Circuit Court for Orange County, Jose R. Rodriguez, Judge. James S. Purdy, Public Defender, and Nancy Ryan and Edward J. Weiss, Assistant Public Defenders, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-1998

SAWAYA, J. Joseph Underwood appeals his conviction and sentence for sexual activity with a minor while in familial authority in violation of section 794.011(8)(b), Florida Statutes (2005), and false imprisonment in violation of section 787.02(1), (2), Florida Statutes (2005). We affirm the false imprisonment conviction and sentence.

Regarding the sexual activity conviction, Underwood claims the jury instructions were erroneous because the jury was not instructed that in order to convict him of sexual battery by union, the jury had to find that Underwood's sexual organ had been in union with the victim's vagina. See

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