WELLS v. STATE

No. 1D06-1886.

967 So.2d 418 (2007)

Albert James WELLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 30, 2007.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, C.J.

Appellant seeks review of his conviction for sexual battery, and raises several issues on appeal. We affirm the trial judge's denial of Appellant's motion for judgment of acquittal, but reverse on the ground that the jury should not have been instructed on the theory of principals, and we remand for a new trial. In light of this result, we do not address the other issues on appeal.

Appellant was essentially accused of "acquaintance rape"; however...

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