STRONG v. STATE

No. 3D01-3589.

853 So.2d 1095 (2003)

Charles STRONG, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 5, 2003.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before COPE, FLETCHER and WELLS, JJ.


COPE, J.

Charles Strong appeals his convictions of sexual battery and kidnapping. We conclude that the trial court acted within its discretion in giving a jury instruction on subsection 794.022(5), Florida Statutes (2001). That statute addresses the relevance of prophylactic use to the issue of consent in a sexual battery prosecution.

I.

The victim testified that an assailant (who turned out to be defendant-appellant Strong) grabbed her from behind...

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