Means v. State

Appellant challenges his conviction and sentence for capital sexual battery. We affirm.

At trial, the only evidence to support the charge came from the child-victim — both from her testimony and her out-of-court statements admitted pursuant to section 90.803(23), Florida Statutes (1999).1 At all times, the child remained remarkably consistent in describing her encounter with Appellant, even if she was sometimes inconsistent with the exact details. While she may have been somewhat ambiguous at trial on the essential element of penile-vaginal union, she did testify that Appellant touched her…