C. B. B. v. State, 315 So. 2d 534 (Fla. 3d DCA 1975). · Go Syfert
C. B. B. v. State, 315 So. 2d 534 (Fla. 3d DCA 1975). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: State v. S. H. (fladistctapp, 1980-09-10)
Top citers, strongest first. 1 distinct citer.
cited Cited "see" State v. S. H.
Fla. Dist. Ct. App. · 1980 · signal: see · confidence high
See C.B.B. v. State, 315 So.2d 534 (Fla. 4th DCA 1975).
C. B. B., a child
v.
STATE of Florida
No. 75-25.
District Court of Appeal of Florida, Third District.
Jul 11, 1975.
315 So. 2d 534
Richard L. Jorandby, Public Defender, and Elliot R. Brooks, Asst. Public Defender, and Daniel T. O’Connell, Legal Intern, West Palm Beach, for appellant., Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.
Downey, Mager, Walden.
Cited by 1 opinion  |  Published
PER CURIAM.

Appellant, a juvenile, was adjudicated a delinquent child. On appeal he contends that the petition charging him with a sexual battery should have been dismissed as it failed to charge an essential element: lack of consent. We affirm.

Appellant argues that the failure to allege that the act was committed without the consent of the victim is fatal. We hold, however, that the petition used words that were of “equivalent import.” Catanese v. State, 251 So.2d 572 (4th DCA Fla.1971). The petition alleged that the appellant did:

“Unlawfully commit sexual battery upon a person over the age of 11 years . and coerced (her) to submit by threating (sic) to use force or violence on (her) likely to cause serious personal injury and she did reasonably believe that [appellant] had the present ability to carry out these threats . . . .”

The words “coerced (her) to submit” by means of threats of violence or force clearly indicate that the petition was legally sufficient to charge the essential element of lack of consent of the victim. Therefore, we affirm the court’s order adjudicating appellant a delinquent child.

Affirmed.

WALDEN, MAGER and DOWNEY, JJ., concur.