M.J.C. v. State

District Court of Appeal of Florida

M.J.C. v. State

681 So. 2d 1203, 1996 Fla. App. LEXIS 11408, 21 Fla. L. Weekly Fed. D 2301

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1996

DocketNo. 96-1398

StatusPublished

Cited by1 cases

This text of 681 So. 2d 1203 (M.J.C. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M.J.C. v. State, 681 So. 2d 1203, 1996 Fla. App. LEXIS 11408, 21 Fla. L. Weekly Fed. D 2301 (Fla. Ct. App. 1996).

Pincite

Opinion

COBB, Judge.

The appellant, M.J.C., a minor, pled guilty to capital sexual battery. An essential element of this is that the offender be over eighteen years of age at the time of the offense. M.J.C., who was born on January 4, 1980, was only fifteen at the time of the offense.

The evidence established that M.J.C. was guilty of the lesser offense of sexual battery pertaining to offenders less than eighteen years of age. See § 794.011(2)(b). In accordance with the provisions of section 924.34, Florida Statutes (1995), we reverse the judgment and sentence entered below and remand for entry of an appropriate judgment and sentence for the lesser offense. See, e.g., Harris v. State, 655 So.2d 1179 (Fla. 1st DCA 1995).

REVERSED AND REMANDED.

DAUKSCH and HARRIS, JJ., concur.

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