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BREEZE v. STATE

No. 92-2477.

634 So.2d 689 (1994)

Gary Bernard BREEZE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 22, 1994.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and John R. Dixon, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Joseph Garwood, Asst. Atty. Gen., Tallahassee, for appellee.

ALLEN, Judge.

The appellant appeals from convictions and sentences for use of a child in a sexual performance and for promoting a sexual performance by a child. Concluding that the trial court should have granted a judgment of acquittal as to two of the charges, because "sexual conduct," a requisite component of a "sexual performance" under section 827.071, Florida Statutes (1989), was not proven, we reverse the appellant's convictions and sentences growing out of...

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