State of Florida v. Khalid Muhammad

The State of Florida appeals 1 the trial court’s order dismissing Count I of an amended information charging appellee, Khalid Muhammad, with sexual battery following a trial, at the conclusion of which, the jury announced it could not reach a verdict on either Count I or Count II (the latter count charging appellee with kidnapping to facilitate a felony). The jury, instead, rendered a verdict only on Count III, finding appellee guilty of lewd or lascivious battery, as charged. 2 For the following reasons, we reverse the order of dismissal.

In Count I of the amended information, appellee was…