Kemp v. State

OPINION

FRIEDLANDER, Judge.

Donald Kemp appeals his conviction of Sexual Battery, a class C felony,1 arguing that the trial court erroneously instructed the jury.

We affirm.

The facts favorable to the judgment are that in the early morning hours of December 20, 1992, Kemp went to the home of his ex-wife, D.K. When D.K. answered the door, Kemp pushed his way inside, pulled off D.K.'s clothes and forced D.K. to engage in intercourse and oral sex with him. On April 30, 1998, the State filed an information charging Kemp with rape, a class B felony.2 At trial, after the evidence was presented, the…