COMMERFORD v. STATE

No. 98-0567.

728 So.2d 796 (1999)

Ryan COMMERFORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 3, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Valentin Rodriguez, Jr., of Valentin Rodriguez, P.A., Special Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

Ryan Commerford appeals from his adjudication of guilt upon a jury verdict finding him guilty of lewd assault, and resulting 122 month prison sentence. He raises seven points on appeal. While we affirm Commerford's conviction and sentence, we write to discuss three of the points raised.

Facts

Commerford was charged with two counts of committing lewd assault on a minor under the age of sixteen. It was undisputed that the victim "consented...

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