CROFT v. the STATE.

Goss, Judge.

On appeal from his conviction for child molestation, aggravated sexual battery and other crimes, Marty Croft argues that his right to be present during a critical stage of the proceedings was violated and that the trial court erred when it charged the jury on a child's incapacity to consent to aggravated sexual battery. Croft also argues that trial counsel was ineffective. Because the trial court erred in its jury instruction on aggravated sexual battery, we reverse Croft's conviction on that single count, upon which he may be retried, but we affirm the remainder of the trial…