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BOWMAN v. STATE

No. 4D99-1196.

760 So.2d 1053 (2000)

Howard BOWMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 21, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

Appellant was convicted of sexual battery on a mentally defective person over the age of twelve. We affirm, finding that there was sufficient evidence to go to the jury on mental defectiveness.

Our sexual battery statute makes it a second degree felony to commit sexual battery on a "mentally defective" person over the age of twelve without physical force or violence. § 794.011(4)(e), Fla. Stat. (1997). "Mentally defective" is defined as "a mental...

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