OLIVERA v. STATE

No. 1D09-1315.

58 So.3d 352 (2011)

Marlon OLIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 31, 2011.


Attorney(s) appearing for the Case

Michael Ufferman , Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General and Michael T. Kennett , Assistant Attorney General, Tallahassee, for Appellee.


CLARK, J.

Marlon Olivera appeals his convictions and sentence for sexual battery on various grounds, two of which merit discussion. For the reasons explained below, the judgment and sentence are affirmed.

The information charged Appellant with several counts of sexual battery, each specifying the method as penetration with no mention of union. The state presented evidence of penetration and argued only that method...

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