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HODAK v. STATE

No. 89-294.

555 So.2d 1326 (1990)

Glynn HODAK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 1, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, Glynn Hodak, contests his conviction for sexual battery on the basis that the trial court misconstrued section 794.011(1)(h), Florida Statutes (1987), in denying his motion for judgment of acquittal. That section defines the offense:

(h) The term "sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual...

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