McClain v. State

RYDER, Judge.

Appellant was charged with sexual battery with a deadly weapon upon the fourteen-year-old baby-sitter of his three stepchildren. He was charged under section 794.011, Florida Statutes (1985). The act was said to have occurred in appellant’s home when his wife was absent and the stepchildren were sleeping.

The first trial resulted in a mistrial after the victim stated during direct examination that she said to appellant during the alleged offense that, “You probably did this to [appellant's five-year-old stepdaughter], too.” The case was brought to trial again, and the victim made…