Black v. State

864 So.2d 464 (2003)

Otto BLACK, Appellant,

v.

STATE of Florida, Appellee.

No. 1D02-2016.

District Court of Appeal of Florida, First District.

December 29, 2003.

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Barbara J. Yates, Assistant Attorney General, Tallahassee, for Appellee.

WEBSTER, J.

Appellant seeks review of his conviction, following a jury trial, for capital sexual battery pursuant to section 794.011(2)(a), Florida Statutes (2001). Because the trial court abused its discretion when it found the…