Gautreaux v. State

ON MOTION FOR REHEARING

JOANOS, Chief Judge.

Appellant seeks rehearing, and if rehearing is denied, the issuance of a written opinion setting forth the basis of the court’s per curiam affirmance in this cause. The appealed issues concern the propriety of the jury instructions given in this sexual battery case, in which the victim had a history of schizophrenia, a circumstance not known to appellant when the sexual encounter occurred. Due to the unique facts of this case, we conclude that a brief opinion setting forth the reasoning underlying our decision is in order. Therefore, we accede to…