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Jones v. State

District Court of Appeal of Florida, Fifth District
Nov 14, 1985
478 So. 2d 493 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-167.

November 14, 1985.

Appeal from the Circuit Court, Orange County, Ted P. Coleman, J.

James B. Gibson, Public Defender, and Theresa K. Edwards, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


Jones appeals the denial of his motion for judgment of acquittal and subsequent conviction of sexual battery with physical force likely to cause serious personal injury under section 794.011, Florida Statutes (1983). Jones contends that the motion should have been granted, as there was no evidence showing that the force appellant used during the commission of the sexual battery was such as was likely to cause the degree of personal injury required by the statute.

Serious personal injury is defined by section 794.011(1)(e), Florida statutes (1983), as "great bodily harm or pain, permanent disability, or permanent disfigurement." During the trial there was testimony that the victim was choked during the sexual battery, resulting in bruising about the neck, and additional testimony from the responding police officer that she had experienced "quite a bit of trauma." The evaluation of the degree of force is generally a jury question. See Hufham v. State, 400 So.2d 133 (Fla. 5th DCA 1981). We find that it was in this case because of the choking testimony. The decision of the trial court judge is therefore

AFFIRMED.

ORFINGER and SHARP, JJ., concur.


Summaries of

Jones v. State

District Court of Appeal of Florida, Fifth District
Nov 14, 1985
478 So. 2d 493 (Fla. Dist. Ct. App. 1985)
Case details for

Jones v. State

Case Details

Full title:JOE LEWIS JONES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 14, 1985

Citations

478 So. 2d 493 (Fla. Dist. Ct. App. 1985)

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