FIELDHOUSE v. STATE

No. 5D02-2302.

854 So.2d 837 (2003)

Wayne M. FIELDHOUSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 2003.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Appellant, Wayne M. Fieldhouse ["Fieldhouse"], appeals his conviction for capital sexual battery upon a child less than twelve years of age by causing his finger to penetrate the victim's vagina. He complains of the trial court's denial of his motion for judgment of acquittal and the giving of a jury instruction defining "penetration." We find no error and affirm. The record shows the State presented competent evidence to establish the elements of the...

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