Cardona v. State (231 So. 3d 492, 2017)

Per Curiam.

Appellant, Luis Cardona, challenge's his conviction and sentence on one of five counts of sexual -battery on a child Jess than 12 years old. Appellant contends that the trial court erred in denying his motion for judgment of acquittal on Count I-because there was no evidence of a crime Committed on the dates in question. Because the evidence was insufficient to establish that the incident- that formed the basis for Count I occurred during the time period specified in the information, we reverse appellant’s conviction and sentence on Count I and remand with instructions to grant the motion for judgment of acquittal as to Count I only. See McLean v. State, 165 So.3d 737 (Fla. 4th DCA 2015); Ramos v. State, 75 So.3d 1277 (Fla. 4th DCA 2011).

Reversed and Remanded.

Warner, Taylor and Damoorgian, JJ., concur.