Smith v. State

McFadden, Judge.

A jury found Royal Clifford Smith guilty of aggravated sexual battery, criminal attempt to commit child molestation, and two *393counts of child molestation. Smith appeals, challenging the sufficiency of the evidence. He also argues that the trial court erred in failing to charge the jury on sexual battery as a lesser included offense of aggravated sexual battery and child molestation. Finally, he challenges the trial court’s jury instruction regarding responsibility for sentencing. We find the evidence sufficient. We also conclude that the evidence did not support an instruction…