BENJAMIN B. STALKER v. STATE OF FLORIDA

Benjamin B, Stalker challenges his convictions for numerous child sexual abuse charges and raises six issues, all of which we affirm. However, we write to explain why the defendant’s appeal of the state’s reliance on different factual theories to prove one of the sexual battery counts cannot be raised for the first time before this court.

The state charged Stalker with, among other offenses, three counts of sexual battery on a person less than 12 by a person 18 years or older. Count IV of the Information alleged that “[o]n or between November 1, 2010 to December 23, 2013, [Stalker] ... on one…