DAVID P. KEVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1998-01-21
No. 96-2443
ALLEN, WEBSTER and DAVIS, JJ., concur.
704 So. 2d 222 Florida District Court of Appeal, First District (1998)


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this direct criminal appeal, the appellant challenges his convictions and sentences for two counts of sexual battery upon a mentally defective person, one count of attempted sexual battery upon a mentally defective person, and four counts of lewd and lascivious assault. Because the evidence presented at trial was insufficient as a matter of law to prove that the victim was “mentally defective” as that term is defined in section 794.011(l)(b), Florida Statutes, we reverse the appellant’s convictions for sexual battery upon a mentally defective person and attempted sexual battery upon a mentally defective person and direct the trial court on remand to enter judgments of conviction on the lesser included offenses of sexual battery and attempted sexual battery. See Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996); § 924.34, Fla. Stat. The appellant’s convictions for lewd and lascivious assault are affirmed. Because the appellant must be re-sentenced under a revised scoresheet, we vacate all of his sentences-and direct the trial court on remand to resentence the appellant on all convictions using a revised scoresheet.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

ALLEN, WEBSTER and DAVIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw