Branam v. State

HALL, Judge.

Roger Branam appeals from his judgment and sentence for sexual battery, attempted sexual battery, and false imprisonment. The state cross-appeals from the downward departure sentence imposed upon Branam. We affirm Branam’s convictions but remand for resentencing.

Branam was charged by information with two counts of sexual battery upon a person twelve years of age or older, causing her to submit by threatening serious personal injury with a deadly weapon or with physical force, and with kidnapping. A jury found Branam guilty of the lesser included offenses of sexual battery with *118thre…