DOZIER v. STATE (2020)

On Motion for Rehearing and to Correct or Clarify Opinion

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).

Per Curiam.

Wolf, Kelsey, and Winokur, JJ., concur.