Florida District Courts of Appeal, 1993

Jordan v. State

Jordan v. State
Florida District Courts of Appeal · Decided July 14, 1993 · Glickstein, Hersey, Stone
621 So. 2d 559; 1993 Fla. App. LEXIS 7388; 1993 WL 259570 (Southern Reporter, Second Series)

Jordan v. State

Opinion of the Court

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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