WINCHESTER v. STATE

No. 94-01691.

639 So.2d 84 (1994)

Edward WINCHESTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 1, 1994.


HALL, Judge.

The appellant filed a 3.850 motion contending that his sentence for sexual battery of a child is illegal because an essential element necessary for conviction under the statute was not alleged in the information, the jury instruction, or the verdict form. The missing allegation was the fact that the defendant is eighteen years of age or older. This issue was not raised in the trial court or by way of his previous...

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