Hodak v. State

COBB, Judge.

The appellant, Glynn Hodak, contests his conviction for sexual battery on the basis that the trial court misconstrued section 794.011(1)(h), Florida Statutes (1987), in denying his motion for judgment of acquittal. That section defines the offense:(h) The term “sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

Hodak contends that there was no “credible testimony” that the…