Duval v. State

FRANK, Judge.

The appellant, William W. Duval, III, challenges his conviction for sexual battery and the trial court’s departure from the sentencing guidelines. We affirm the conviction but remand for resentencing.

Duval was charged with sexual battery violative of section 794.011(3), Florida Statutes (1984), and was tried before a jury. Prior to the trial, he moved to suppress the victim’s out-of-court identification on the *571ground that the process was unduly suggestive and tainted by an attempted hypnosis of the victim. The motion was denied. At trial, the victim again identified Duval as her…