Lake v. State

HOBSON, Judge.

Appellant, Stafford Lake, was charged by information with two counts of involuntary sexual battery in violation of Section 794.-011(3), Florida Statutes (1977). Count II of the information charged that appellant “did commit a sexual battery . . . and did threaten to use deadly weapons, to wit: a knife and firearm . . . .”

At trial, the court instructed the jury as to the essential elements of the crime of sexual battery with a deadly weapon or actual physical force likely to cause serious personal injury. The court further defined “sexual battery” and “consent.” The court went on…