SWAIM v. STATE

No. 95-1081.

677 So.2d 913 (1996)

Phillip SWAIM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 1996.


Attorney(s) appearing for the Case

F. Wesley Blankner, Jr., of Jaeger and Blankner, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara Arlene Fink and Anthony J. Golden, Assistants Attorney General, Daytona Beach, for Appellee.


PETERSON, Chief Judge.

Phillip Swaim appeals his convictions for two counts of sexual battery on a child less than twelve years of age pursuant to section 794.011(2), Florida Statutes. We find merit in one of the issues raised by Swaim, that the state failed to provide sufficient proof to sustain both of the convictions.

Swaim correctly notes that the state had to prove digital penetration in order to prove sexual battery and that digital union is insufficient...

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