Legal Opinion
Palumbo v. State
District Court of Appeal of Florida
Decided January 28, 2011No. 5D08-1275PublishedCited by 3 opinions
1Opinion of the Court
ON MOTION FOR WRITTEN OPINION
2Per curiam
We grant the motion for written opinion and withdraw the previously issued decision, which affirmed without opinion, citing State v. Pate, 656 So.2d 1323 (Fla. 5th DCA 1995).
Appellant was convicted by jury of capital sexual battery and lewd or lascivious molestation of a young girl.1 He contends that the evidence was insufficient to support the sexual battery conviction because his penis did not penetrate the victim’s “vagina,” as defined in the technical, medical sense — meaning just the passageway between the cervix and the vulva. We have previously held that…
3Cases cited2 opinions
- Richards v. StateDistrict Court of Appeal of Florida · 1999
- State v. PateDistrict Court of Appeal of Florida · 1995
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