Kever v. State, 704 So. 2d 222 (Fla. 1st DCA 1998). · Go Syfert
Kever v. State, 704 So. 2d 222 (Fla. 1st DCA 1998). Cases Citing This Book View Copy Cite
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David P. KEVER
v.
STATE of Florida
No. 96-2443.
District Court of Appeal of Florida, First District.
Jan 21, 1998.
704 So. 2d 222
Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant., Robert A, Butterworth, Attorney General, and J. Ray Poole, Assistant Attorney General, Tallahassee, for Appellee.
Allen, Davis, Webster.
Published
PER CURIAM.

In this direct criminal appeal, the appellant challenges his convictions and sentences for two counts of sexual battery upon a mentally defective person, one count of attempted sexual battery upon a mentally defective person, and four counts of lewd and lascivious assault. Because the evidence presented at trial was insufficient as a matter of law to prove that the victim was “mentally defective” as that term is defined in section 794.011(l)(b), Florida Statutes, we reverse the appellant’s convictions for sexual battery upon a mentally defective person and attempted sexual battery upon a mentally defective person and direct the trial court on remand to enter judgments of conviction on the lesser included offenses of sexual battery and attempted sexual battery. See Mathis v. [*223] State, 682 So.2d 175 (Fla. 1st DCA 1996); § 924.34, Fla. Stat. The appellant’s convictions for lewd and lascivious assault are affirmed. Because the appellant must be re-sentenced under a revised scoresheet, we vacate all of his sentences- and direct the trial court on remand to resentence the appellant on all convictions using a revised scoresheet.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

ALLEN, WEBSTER and DAVIS, JJ., concur.