Foss v. State

Patrick Foss appeals his conviction for four counts of sexual battery on a child under 16 and two counts of lewd or lascivious molestation pursuant to section 800.04, Florida Statutes (1999).

The amended information properly set forth the elements necessary to charge Foss with violations of sections 800.04(4)(a) and 800.04(5)(a), Florida Statutes (1999), but erroneously cited to section 800.04(2), Florida Statutes (1999). We do not find that the erroneous references to the incorrect section of the statute is fatal. An erroneous reference to a statute in the information is not fatal to a…