Generazio v. State

Kenneth Generazio appeals his conviction and sentence for capital sexual battery. He argues that the trial court erred when it admitted evidence of collateral bad acts and when it failed to instruct the jury on battery as a lesser included offense of capital sexual battery. We affirm.

On December 9, 1991, Generazio was charged by information with two counts of sexual battery upon a child under the age of twelve and three counts of indecent assault upon a child under the age of sixteen. After two trials resulting in mistrials, on June 10, 1994, the jury rendered a verdict finding him guilty on…