Simmons v. State

An information alleged that appellant committed a sexual battery and in the process thereof used or threatened to use a deadly weapon contrary to Section 794.-011(3), Florida Statutes, (1975) (Count I) and further alleged that appellant committed a robbery contrary to Section 812.-13(2)(a) (Count II). Appellant was found guilty by a jury of sexual battery through the use of a firearm and of petit larceny, a lesser included offense of Count II. Appellant was orally adjudicated guilty of these offenses and was sentenced to imprisonment of ninety-nine years as to Count I and to a consecutive…