Bruce v. State

The appellant/cross appellee appeals his conviction for sexual battery with a deadly weapon. We affirm appellant’s conviction without comment, but reverse as to the sentencing issue raised by the state on cross appeal.

After being convicted of sexual battery with a deadly weapon, the state sought to have appellant sentenced as a dangerous sexual felony offender (“DSFO”) pursuant to section 794.0115, Florida Statutes (2006), because he used a deadly weapon during the course of the attack. The appellant objected, asserting that section 794.0115 was meant to punish repeat sexual offenders and he…