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ROSS v. STATE

No. 1D09-1408.

31 So.3d 858 (2010)

Lasedrick ROSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 6, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, for Appellant.

Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, appellant claims that the trial court committed fundamental error by instructing the jury that it could convict appellant of lewd or lascivious battery by finding sexual penetration or union when the information alleged only sexual penetration. In Eaton v. State, 908 So.2d 1164 (Fla. 1st DCA 2005), we held that the trial court committed fundamental error by instructing the jury...

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