Hudson v. State

Andrews, Judge.

Claude Hudson appeals after a jury found him guilty of aggravated sexual battery and child molestation. Hudson claims that the trial court erred in failing to merge the aggravated sexual battery and child molestation counts at sentencing and also erred in sentencing him to life on the aggravated sexual battery count. We agree with both claims of error and therefore vacate the sentences and remand for resentencing.

The evidence at trial, taken in the light most favorable to the verdict, was that the victim, J. L., who was ten years old at the time of trial, would often go to her…