Hudson v. State

We find no error in the defendant’s convictions but we must reverse the sentences imposed by the trial court and remand for a new sentencing hearing. The trial judge sentenced the defendant on three counts of sexual battery with a deadly weapon or the use of great force, a life felony under section 794.011(3), Florida Statutes. As to each of these counts, however, the defendant was found guilty of the lesser offense of sexual battery with threat of force likely to cause serious personal injury, a first-degree felony as proscribed by section 794.011(4). Although the defendant did not preserve…