          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D18-0597
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WILLIE DOZIER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge.

                        November 1, 2019


PER CURIAM.

     Appellant was convicted of three counts of sexual battery on a
child under age twelve by a person over age eighteen. We affirm
appellant’s judgments and sentences on counts one and two
without further comment.

     As to the third count, we find the trial court erred in denying
appellant’s motion for judgment of acquittal because the State
failed to present evidence establishing union between appellant’s
penis and the child victim’s anus.

    We thus AFFIRM appellant’s judgments and sentences on
counts one and two, REVERSE appellant’s judgment and sentence
on count three and REMAND with directions for the trial court to
adjudicate appellant guilty of the offense of battery and resentence
appellant accordingly. Fla. R. Crim. P. 3.620; State v. Harris, 660
So. 2d 285, 286–87 (Fla. 5th DCA 1995).

WOLF, KELSEY, and WINOKUR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Appellee.




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