Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Lino ALONSO, Appellant, v. The STATE of Florida, Appellee.
Lino Alonso appeals his convictions for sexual battery on a minor less than twelve years old and for lewd, lascivious, indecent assault upon a child. We affirm.
Alonso argues that the Information should have been dismissed for vagueness because it does not specify exactly when he molested the child. We disagree. The Information does not lack specificity and does not require dismissal under Florida Rule of Criminal Procedure 3.140(d)(3). See State v. Jones, 539 So.2d 535, 537 (Fla. 3d DCA 1989) (“It is not necessary that the exact date of the offense be alleged in an information if that date is not known. It is sufficient to allege that the offense occurred within stated specific time limits.”).
Alonso next argues that his convictions on both counts violate double jeopardy. Alonso is mistaken; the acts charged were distinct, occurred at different times, and the charges were supported by evidence. See Morman v. State, 811 So.2d 714, 717 (Fla. 2d DCA 2002) (similar acts sufficiently separated by time did not involve double jeopardy); see also Saavedra v. State, 576 So.2d 953 (Fla. 1st DCA 1991).
Alonso further argues that his statements to the polygraph examiner and the detective should have been excluded as evidence. This argument also lacks merit. Alonso's statements were voluntary. Before Alonso made any statements to the polygraph examiner, he was read his Miranda rights and signed a Miranda waiver form. We further find that Alonso was not coerced. See La Rocca v. State, 401 So.2d 866 (Fla. 3d DCA 1981).
Affirmed.
PER CURIAM.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 3D01-1874.
Decided: December 11, 2002
Court: District Court of Appeal of Florida,Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)