State v. Johnson

OPINION

FRANK F. DROWOTA, III, J.,

delivered the opinion of the court,

in which ADOLPHO A. BIRCH, JR. and WILLIAM M. BARKER, JJ. joined.

We granted this appeal to consider two issues: whether the evidence introduced at trial indicated two separate offenses of sexual battery such that the trial court erred in failing to require the State to make an election at the close of the proof; and (2) whether the trial court erred in failing to give the jury an enhanced unanimity instruction. The Court of Criminal Appeals found that no election was required because the proof did not establish two separate…