HODGE v. STATE

No. 4D02-3515.

866 So.2d 1270 (2004)

James HODGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 10, 2004.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


OFTEDAL, RICHARD L., Associate Judge.

James Hodge appeals his conviction for sexual activity by a person twenty-four or older with a person sixteen or seventeen years of age. We affirm and write to address two issues.

Hodge contends that the trial court improperly denied his motion for judgment of acquittal, arguing that the State failed to prove that the seventeen-year-old victim had not had the disabilities of nonage removed. Appellant was found to have...

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