Born v. State

Full title: KAREL A. BORN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 23, 1976

339 So. 2d 310 (Fla. Dist. Ct. App. 1976)

Opinion

No. 76-127.

November 23, 1976.

Appeal from the Circuit Court, Monroe County, Bill G. Chappell, J.

Phillip A. Hubbart, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Appellant-defendant seeks reversal of a judgment of conviction and five year sentence based upon a jury verdict finding him guilty of involuntary sexual battery.

Appellant contends that the trial court erred in denying his motion for judgment of acquittal at the close of all the evidence because the evidence was insufficient to establish the element of force and lack of consent as required by Fla. Stat. § 794.011(5).

After carefully considering the record on appeal and briefs we have concluded that no reversible error has been made to appear. State v. Smith, 249 So.2d 16 (Fla. 1971); Fields v. State, 257 So.2d 241 (Fla. 1971); Berezovsky v. State, 335 So.2d 592 (Fla.3d DCA 1976).

Affirmed.