C.W.P. v. State

BOARDMAN, Judge.

We affirm the trial court’s placement of appellant in a community control program but remand for correction of the order of adjudication.

Appellant was charged with sexual battery of a victim eleven years of age or younger, pursuant to Section 794.011(2), Florida Statutes. Appellant challenged the propriety of prosecuting him under this statute because his victim was eleven and a half years old at the time of the offense. The trial court correctly ruled that section 794.011(2) was applicable here. Hansen v. State, 421 So.2d 504 (Fla.1982).

The order states in one place that the…