Hausen v. State

Hausen appeals from his judgment and sentences for battery and commission of a *328lewd act on a child. Because the battery and the lewd act charges were based on the same conduct, we vacate the conviction for battery and remand for resentencing. We affirm the conviction for commission of a lewd act on a child.

Hausen was charged (count one) with burglary of a dwelling with an assault or battery in violation of section 810.02(2)(a), Florida Statutes, (count two) sexual battery in violation of section 794.011(5), (count three) lewd act on a child in violation of section 800.04(3) and (count four)…