¶1Donald J. Hartman was convicted of sexual battery on his nine-year old stepson as well as lewd and lascivious assault arising from the same incident.
¶2The only error we find in the record is that the trial court should have granted the defense motion for judgment of acquittal on the lewd and lascivious charge.
¶3It is clear from the record that the only act proven as a basis for the lewd and lascivious charge was the same act necessary to sustain the sexual battery charge.
¶4AFFIRMED in part; REVERSED as to the conviction for lewd and lascivious conduct with instructions to grant an acquittal as to that charge.