Davis v. State

ON MOTION FOR REHEARING

We grant Appellee’s Motion for Rehearing and substitute this opinion for the opinion issued June 26, 2009.

Appellant, Reginald Davis, challenges the trial court’s denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.

On June 23, 2004, Appellant pled guilty to three counts of sexual battery on a child under twelve by a person under eighteen years of age in violation of section 794.011(2)(b), Florida Statutes. The trial court sentenced him as a youthful offender under section 958.04, Florida…