Opinion
No. 3D10-1413.
Opinion filed September 14, 2011.
An Appeal from the Circuit Court for Miami-Dade County, Orlando A. Prescott, Judge, Lower Tribunal No. 10-1477.
Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellee.
Before WELLS, C.J., and RAMIREZ, J., and SCHWARTZ, Senior Judge.
Affirmed. See Lyons v. State, 437 So. 2d 711, 712 (Fla. 1st DCA 1983) (stating that "consent is not a defense to a criminal prosecution for assault and battery, except in cases of rape").
Not final until disposition of timely filed motion for rehearing.