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PEREZ v. STATE

No. 85-464.

479 So.2d 266 (1985)

Mannie Wilfredo PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

This is an appeal from a final judgment adjudicating Perez guilty of a sexual battery under section 794.011(4)(a), Florida Statutes. One essential constituent element of this particular statutory offense is that the victim was "physically helpless"1 when the sexual battery occurred. Perez moved for a judgment of acquittal on the ground that the State failed to prove that the victim was physically helpless. The trial court...

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