Johns v. State

CASANUEVA, Judge.

Garrett Johns appeals his conviction and sentence for sexual battery. He first contends that the State failed to present sufficient evidence to prove a prima facie case, and, second, that the trial court erred in concluding it had no sentencing discretion. As to the first issue we affirm, finding that the State presented a prima facie case. However, Mr. Johns raises a meritorious sentencing issue and we reverse as to that issue only.

*63At the sentencing hearing, the trial court found that Mr. Johns met the criteria of section 775.082, Florida Statutes (1997), so as to be…