J.W.C. v. State

Appellant contends the trial court erred in denying his motion for acquittal because there was insufficient evidence to support his conviction of sexual battery. Although appellant was charged in the alternative with the commission of a sexual battery upon a child less than twelve (12) years of age “by causing his finger to unite/penetrate her vagina,” evidence of digital union is clearly insufficient to support a charge of sexual battery. See Wallis v. State, 548 So.2d 808 (Fla. 5th DCA 1989); Furlow v. State, 529 So.2d 804 (Fla. 1st DCA 1988). Where the battery involves the use of a…