MATEO v. STATE

No. 2D98-438.

757 So.2d 1229 (2000)

Kem MATEO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 19, 2000.


Attorney(s) appearing for the Case

Gonzalo Alberto Gayoso, Miami, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Kem Mateo appeals his aggravated battery conviction. He argues that the State's charging document did not allege the essential elements for aggravated battery, and he cannot stand convicted of a crime which the State did not charge. We agree and reverse.

The State charged Mateo with one count of sexual battery using force likely to cause serious personal injury, and two counts of sexual battery using threats of force likely to cause serious personal...

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