Jordan v. State

621 So. 2d 559, 1993 Fla. App. LEXIS 7388, 1993 WL 259570
District Court of Appeal of Florida·Decided July 14, 1993·No. No. 92-2137·Published

Opinion

PER CURIAM.

We reverse appellant’s conviction of sexual battery with the use of slight force on the ground that one may not be convicted of a crime not charged. Ray v. State, 403 So.2d 956 (Fla.1981); Tolbert v. State, 474 So.2d 5 (Fla. 3d DCA1985). We remand for entry of a conviction for simple battery, see Bragg v. State, 433 So.2d 1375 (Fla. 2d DCA1983), and for resentencing. We find no other error and affirm appellant’s convictions and sentences for false imprisonment and assault.

REVERSED AND REMANDED.

HERSEY, GLICKSTEIN and STONE, JJ., concur.

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Jordan v. State, 621 So. 2d 559, 1993 Fla. App. LEXIS 7388, 1993 WL 259570 (Fla. Ct. App. 1993).

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Related

Bragg v. State
433 So. 2d 1375 (District Court of Appeal of Florida, 1983)
Tolbert v. State
474 So. 2d 5 (District Court of Appeal of Florida, 1985)
Ray v. State
403 So. 2d 956 (Supreme Court of Florida, 1981)