FIRKEY v. STATE

No. 88-0086.

557 So.2d 582 (1989)

Lester A. FIRKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing February 14, 1990.

Second Rehearing Denied March 28, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Carolyn V. McCann, (on the brief) and James J. Carney, Asst. Attys. Gen., West Palm Beach, for appellee.


LETTS, Judge.

Found guilty of sexual battery on a child under the age of eleven and of engaging in a sexual performance (he videotaped the encounter), the defendant appeals claiming no penetration and no performance in front of an audience. We affirm.

The victim's testimony clearly established a sexual battery predicated on a union with the defendant's penis. However, the charge sub judice was sexual battery with a finger, under section 794.011(1)(h), Florida...

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