WILLIE DOZIER
v.
STATE OF FLORIDA
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The trial court erred in denying appellant's motion for judgment of acquittal on count three because the State failed to present evidence establishing union between appellant's penis and the child victim's anus, as required to prove sexual battery.
[1] A conviction for sexual battery requires proof of union between the defendant's penis and the specific body part alleged; absence of such evidence supports judgment of ac…
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Court's finding of error regarding the third count
Willie Dozier was convicted of three counts of sexual battery on a child under age twelve. The trial court denied his motion for judgment of acquittal…
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November 1, 2019 PER CURIAM.
Appellant was convicted of three counts of sexual battery on a child under age twelve by a person over age eighteen. We affirm appellant’s judgments and sentences on counts one and two without further comment.
As to the third count, we find the trial court erred in denying appellant’s motion for judgment of acquittal because the State failed to present evidence establishing union between appellant’s penis and the child victim’s anus.
We thus AFFIRM appellant’s judgments and sentences on counts one and two, REVERSE appellant’s judgment and sentence on count three and REMAND with directions for the trial court to adjudicate appellant guilty of the offense of battery and resentence appellant accordingly. Fla. R. Crim. P. 3.620; State v. Harris, 660 So. 2d 285, 286–87 (Fla. 5th DCA 1995).
WOLF, KELSEY, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.