TIMOT v. STATE

No. 97-2769.

738 So.2d 387 (1999)

Selondieu TIMOT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 23, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Lisa Chang Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


OWEN, WILLIAM C., Jr., Senior Judge.

Appellant was charged with and convicted of lewd assault by committing an act defined as sexual battery upon a child under the age of 16 years, an offense proscribed by Section 800.04(3), Florida Statutes (1995). Appellant's two principal issues concern (1) the admissibility of DNA evidence, and (2) the court's refusal to instruct the jury on assault. Because reversible error has not been demonstrated, we affirm.

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