WILLIAMS v. STATE

No. 88-1130.

560 So.2d 1304 (1990)

Craig WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 4, 1990.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., for appellee.


ERVIN, Judge.

Appellant seeks review of a judgment and conviction on two counts of sexual battery committed on a child under 12 years of age. We affirm as to the count alleging penile sexual battery but reverse as to the count charging digital battery.

The trial testimony reflects that appellant and the five-year-old victim had a close relationship — the victim had been left in appellant's care many times and had occasionally spent the night with him...

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