M.J.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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Citator
Cited By
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Hawes v. State, 712 So. 2d 834 (Fla. 4th DCA 1998)…. We therefore reverse appellant’s conviction and remand with directions to enter a judgment of guilt for attempted sexual battery and to resentence appellant in accordance with the penalties provided for a second degree felony. See M.J.C. v. State, 681 So. 2d 1203, 1203 (Fla. 5th DCA 1996). If on resentencing the trial court intends to reduce appellant’s sentence to less than twelve years imprisonment, in contravention of the plea bargain, the state should be given the option to vacate the judgment and sent…
Authorities Cited
- Shabazz Randazo Harris v. State, 655 So. 2d 1179 (Fla. 1st DCA 1995)