PHILLIPS v. STATE

No. 2D08-4630.

128 So.3d 101 (2013)

James David PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 22, 2013.


Attorney(s) appearing for the Case

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Cerese Crawford Taylor , Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

James David Phillips appeals his judgments and sentences for sexual battery on a person less than twelve years of age and lewd and lascivious molestation on a person less than twelve years of age. He raises several issues on appeal, but we find merit only in his argument that his judgment for lewd and lascivious molestation should be remanded to omit the language stating that the victim was less than twelve years old.

The jury was instructed...

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