Opinion
Nos. 4D98-1850 4D98-2336.
Opinion filed February 23, 2000.
Consolidated appeals from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County, Dwight L. Geiger, Judge; L.T. No. 97-332 CFA.
Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.
We affirm defendant's convictions on three counts of sexual battery on a child under the age of 12 and the resulting life sentences. As to count II, however, we reverse the conviction. There was insufficient evidence to show the commission of a sexual battery during the period encompassed by count II. The grounds for our reversal as to count II necessarily preclude any retrial on this charge.
FARMER, KLEIN and STEVENSON, JJ., concur.