battery, which means that defendant did some act in furtherance of the charged offense but failed to complete it. See § 777.04(1), Fla. Stat. (2008). Count three, which charged lewd or lascivious molestation of the same victim, alleged that defendant intentionally touched her genitals or the clothing covering her genitals. Unlike count one, count three did not allege that defendant used his penis, but alleged a lewd touching. Murphy, 16 So.3d at 269-70. On remand, the trial court conducted a sentencing hearing on the defendant’s sexual battery conviction. The defendant was not appointed counsel for the hearing. The trial court adjudicated the defendant guilty and sentenced him to 15 years’ incarceration to run concurrent with his 30-year sentence for lewd and lascivious t DCA 1998) (<HOLDING>); Williams v. State, 697 So.2d 584 (Fla. 4th
holding that imposition of punishment is a judicial function holding that a courts correction of a scriveners error is a ministerial function holding that as to the correction of an erroneous application of law a nondeferential standard of review applies recognizing in a dictum judicial function exception but holding that receiving from defendant false name and consent form to proceed thereunder is within courts administrative function holding that it is not an appellate courts function to make findings of fact