D.D.M. v. State

ANTOON, Judge.

D.D.M. was charged with five counts of sexual battery1 and one count of a lewd act upon a child.2 Following an adjudicatory hearing he was found to have committed one sexual battery (count I), one attempted sexual battery,3 a lesser-included offense (count II), and one lewd act upon a child (count IV). The trial court disposed of remaining counts by entering an “order granting the motion to dismiss in the nature of judgment of acquittal.” D.D.M. appeals, arguing that the trial court erred in three respects: (1) by denying his motion for judgment of acquittal as to the charge of…