Rubin v. State
Docket: No. 90-2491
Court: District Court of Appeal of Florida; April 1, 1991; Florida; State Appellate Court
Sidney Rubin appeals his conviction for two counts of attempting to commit a lewd and lascivious act in the presence of a child under sixteen, as defined by Florida Statute 800.04(3). The court finds that evidence presented demonstrated overt acts by Rubin that supported the charges, which aligns with the provisions of Florida Statute 777.04. The court also ruled that the motion for judgment of acquittal was appropriately denied, referencing T.J.T. v. State, 460 So.2d 508 (Fla. 3d DCA 1984). Furthermore, the court affirms that attempting to commit a lewd and lascivious act under section 800.04 is indeed a crime, citing Davis v. State, 527 So.2d 962 (Fla. 5th DCA 1988). The conviction is therefore upheld.