District Court of Appeal of Florida September 8, 1999, No. 98-03908 (Johns v. State)

CASANUEVA, Judge.

Garrett Johns appeals his conviction and sentence for sexual battery. He first contends that the State failed to present sufficient evidence to prove a prima facie case, and, second, that the trial court erred in concluding it had no sentencing discretion. As to the first issue we affirm, finding that the State presented a prima facie case. However, Mr.