Wright v. State

The question on this appeal is whether a person of eleven years, ten months and twenty-one days of age falls within the statutory classification of “eleven years of age or younger.” See Section 794.011(2). We answer in the negative and therefore reverse.

Thomas James Wright was convicted of committing a sexual battery upon a person of eleven years of age or younger in violation of Section 794.011(2), Florida Statutes (1977). The victim was eleven years, ten months and twenty-one days of age on the date of the offense and thus the defendant consistently argued throughout the proceedings below,…