Henry v. State

Jonathan Henry (Appellant) received a 15-year prison sentence for lewd and lascivious battery on a 70-year-old nursing home resident. The trial court ordered the sentence to run consecutive to a one-year sentence for a misdemeanor battery conviction on the same victim.

We resolve two issues. The first issue involves the clarity of the trial judge’s oral pronouncement when imposing the sentences. The second issue involves a double jeopardy violation. We affirm the first issue and reverse the second.

Factual and Procedural Background

Appellant, a male nursing home employee, was charged by amended…