McMichael v. State

DAVIS, Chief Judge.

Jathniel Jordan McMichael challenges his convictions and sentences for home invasion robbery, sexual battery, and battery on a person sixty-five years of age or older. We affirm his convictions and consecutive thirty-year prison sentences for home invasion robbery and sexual battery without further comment. We reverse only the reclassification of the battery conviction based on the victim’s age and the resulting five-year sentence.

The State correctly concedes that no evidence was introduced at trial to show the victim was at least sixty-five years of age at the time of the…