Bongiorno v. State

LEHAN, Judge.

Defendant appeals from his conviction for battery which was a lesser included offense of the charge for which he was prosecuted. Defendant argues that his conviction should be set aside because the charge for which he was prosecuted, sexual battery of a child under age 11, was made against him in an amended information filed after the statute of limitations on battery had run. Defendant was originally charged only with attempted sexual battery under an information filed within the applicable statutes of limitations periods for that attempt and for any offense of battery incident…