Maximino v. State

Appellant was charged with sexual battery and burglary with an assault or battery. A jury acquitted him of the sexual battery, but found him guilty of the lesser included offense of burglary of an occupied dwelling. In light of the acquittal and the manner in which the jury was instructed, we conclude that a new trial is required.

According to the victim, the appellant, who had been with her earlier in the evening, entered her house during the night while she was asleep. She woke up to find him on top of her and, when she protested, appellant left. She later discovered that a screen had been…