Walker v. State

SCHWARTZ, Chief Judge.

Walker was charged with the crimes of sexual battery by digital penetration of a two-year old child and lewd and lascivious assault upon that child. The alleged offenses arose from a single act which occurred on August 6, 1991. He was convicted of attempted sexual battery, as a lesser included offense, and lewd and lascivious *631assault as charged, sentenced to concurrent terms of twenty and fifteen years respectively, and now appeals.

First, we find that, although disputed, the evidence — primarily that of the then-eight-year-old brother of the victim who said he saw the…