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NORMAN v. STATE

No. 89-204.

555 So.2d 1316 (1990)

James Arnold NORMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 25, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Fleming Lee, Asst. Atty. Gen., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

GOSHORN, Judge.

James Arnold Norman was convicted of committing a sexual battery when the victim was physically helpless to resist.1 Because there is no evidence that the victim was physically helpless as that term is statutorily defined, we reverse.

Section 794.011(1)(e) provides:

The term "physically helpless" means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness...

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