Davis v. State

ALTENBERND, Judge.

The defendant appeals his convictions and sentences for two counts of sexual battery upon a victim twelve years of age or older, with the use of physical force and violence not likely to cause serious personal injury. § 794.011(5), Fla.Stat. (1985). The trial court convicted him of these offenses on remand after this court had vacated the defendant’s convictions for two counts of sexual battery upon a victim who was “physically helpless” to resist. §§ 794.011(4)(a), .011(l)(e), Fla.Stat. (1985). See Davis v. State, 538 So.2d 515 (Fla.2d DCA), review denied, 544 So.2d 201…