BORN v. STATE

No. 76-127.

339 So.2d 310 (1976)

Karel A. BORN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 23, 1976.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


PER CURIAM.

Appellant-defendant seeks reversal of a judgment of conviction and five year sentence based upon a jury verdict finding him guilty of involuntary sexual battery.

Appellant contends that the trial court erred in denying his motion for judgment of acquittal at the close of all the evidence because the evidence was insufficient to establish the element of force and lack of consent as required by Fla. Stat. § 794.011(5).

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