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CORDTS v. STATE

No. 87-1817.

532 So.2d 1363 (1988)

Ernest CORDTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellees.

LEHAN, Judge.

We affirm defendant's conviction for sexual battery of a child under 12 years of age. We do not agree with defendant's contention that the crime of sexual battery under section 794.011, Florida Statutes (1985), is not committed when a so-called foreign object (here, defendant's finger), and not a sexual organ, is used in the act of penetration unless there is an intent by the actor to obtain sexual gratification. State v. Alonso,

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