Stephen Olenchak v. State of Florida

The defendant appeals from his conviction for sexual battery upon a person twelve years of age or older in violation of section 794.011(5), Florida Statutes (2012), as a lesser included offense of sexual battery upon a person twelve years of age or older when the victim is physically helpless to resist in violation of section 794.011(4)(a), Florida Statutes (2012). The defendant argues that the trial court erred in three respects: (1) overruling his objection to the standard jury instruction on the lesser included offense for which he was convicted; (2) denying his motion to admit evidence…