Opinion
No. 1D18-0597
01-22-2020
Willie DOZIER, Appellant, v. STATE of Florida, Appellee.
Andy Thomas, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
Andy Thomas, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
ON MOTION FOR REHEARING AND TO CORRECT OR CLARIFY OPINION
Per Curiam.
We deny appellant's motion for rehearing but grant the motion to correct opinion. We, therefore, withdraw this court's opinion dated November 1, 2019, and substitute the following opinion in its place.
Appellant was convicted of two counts of sexual battery on a child under age twelve by a person over age eighteen and one count of simple battery. 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 on the sexual battery 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 as to that count 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.