McClanahan v. State

STARNES, HUGH E., Associate Judge.

The defendant was charged with involuntary sexual battery effected by threats with a deadly weapon pursuant to Florida Statute 794.011(2). The jury was furnished a verdict form of “guilty of involuntary sexual battery as charged” with the option of choosing one of the following alternatives:

“and we further find that a weapon was used”, or

“and we further find that a weapon was not used”.

The jury returned a verdict choosing the second alternative. At sentencing the trial court announced that the maximum possible sentence on the charge was fifteen years and…