Elishas George v. State Florida

CAMPBELL, Acting Chief Judge. Appellant appeals his judgment and sentence for burglary and two counts of sexual battery in violation of sections 794.011(4) and 794.011(5), Florida Statutes (1983). Appellant first contends that the trial court erred in denying his motion for judgment of acquittal on the charge of sexual battery by threat of force of violence likely to cause serious personal injury in violation of section 794.011(4). He also argues that it was error for the trial court to convict and sentence him for violations of both sections 794.011(4) and 794.011(5) when only one penetration occurred.