Donald Vernon Kelley v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D15-1950
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DONALD VERNON KELLEY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Okaloosa County.
Michael Flowers, Judge.
November 6, 2018
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
We previously reversed Appellant’s sentences and
convictions as to three of his twelve convictions: lewd and
lascivious battery and two lewd and lascivious conduct counts.
Kelley v. State, 204 So. 3d 37, 37-38 (Fla. 1st DCA 2016). The
Florida Supreme Court quashed our decision and remanded for
reconsideration in light of its decision in State v. Knighton, 235
So. 3d 312 (Fla. 2018).
In light of Knighton, the trial court correctly rejected
Appellant’s request for a jury instruction on unnatural and
lascivious act. See Knighton, 235 So. 3d at 316-17 (explaining
that unnatural must mean something other than an act that
would be criminalized under lewd and lascivious statutes).
Accordingly, we AFFIRM Appellant’s judgments and
sentences on all counts, in all respects.
BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Courtenay H. Miller,
Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Trisha Meggs Pate,
Assistant Attorney General, and Michael Schaub, Assistant
Attorney General, Tallahassee, for Appellee.
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