Danford v. State

LEVY, DAVID L., Associate Judge.

The appellant was indicted by the Grand Jury for three counts of sexual battery on a child eleven years of age or under. The indictment charged that the appellant had caused his penis to penetrate or unite with the victim’s vagina (count I), her mouth (count II), and her anus (count III).

At his arraignment, the appellant stood mute. Accordingly, pursuant to Rule 3.170(c) of the Florida Rules of Criminal Procedure, the Court ordered that a plea of not guilty be entered on the appellant’s behalf. As a result thereof, the clerk made a notation on the indictment to…