Morris v. State

We grant appellant’s motion for clarification, withdraw our previously issued opinion, and substitute the following opinion.

The issue presented in this case is whether the trial court erred in giving a jury instruction for attempted sexual bat*1046tery, over appellant’s objection, where appellant was charged with sexual battery, the state presented evidence only of a completed act, and appellant claimed the alleged act did not take place. We find the trial court erred in giving the instruction because the evidence did not support the instruction, and we reverse appellant’s conviction for attempted…