STATE v. LALOR

No. 5D01-3552.

842 So.2d 217 (2003)

STATE of Florida, Appellant, v. Rosalvo LALOR, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

April 4, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellee.


THOMPSON, C.J.

The state appeals a judgment of acquittal. We reverse the judgment and remand for a new trial.

Rosalvo Lalor was charged with sexual battery on an incapacitated person, and the jury found him guilty of the lesser included crime of sexual battery. The victim testified that she invited Lalor to her apartment after she had consumed a substantial amount of alcohol. According to her testimony, she had fallen asleep and awoke to find Lalor having non...

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