STATE v. SEDIA

No. 92-0354.

614 So.2d 533 (1993)

STATE of Florida, Appellant, v. Michael SEDIA, Appellee.

District Court of Appeal of Florida, Fourth District.

As Modified on Denial of Rehearing March 17, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellant.

J. David Bogenschutz of Bogenschutz & Dutko, P.A., Fort Lauderdale, for appellee.


STONE, Judge.

We reverse an order dismissing two sexual battery charges and discharging the defendant. It was error to conclude that the facts as developed on the defendant's sworn motion to dismiss cannot support a sexual battery conviction under either section 794.011(4)(a) or section 794.011(5) of the Florida Statutes.

The state charges that Sedia, a physical therapist, was treating a 62 year old woman patient by manipulating her hip and buttocks. The patient...

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