BONGIORNO v. STATE

No. 87-2171.

523 So.2d 644 (1988)

Ronald BONGIORNO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 21, 1988.


Attorney(s) appearing for the Case

Michael C. Cheek, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals from his conviction for battery which was a lesser included offense of the charge for which he was prosecuted. Defendant argues that his conviction should be set aside because the charge for which he was prosecuted, sexual battery of a child under age 11, was made against him in an amended information filed after the statute of limitations on battery had run. Defendant was originally charged only with attempted sexual battery under...

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