final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 13-8253 Stacy D. Glick, Judge.
Woodward & Reizenstein and Philip L. Reizenstein, for
Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellee.
EMAS, LOGUE and LINDSEY, JJ.
Antwan Bentley appeals from his conviction and sentence for
lewd and lascivious battery on a child (twelve years or older
but less than sixteen years of age), in violation of section
800.04(4)(a), Florida Statutes (2013). We find no error
AND PROCEDURAL HISTORY
April 9, 2013, a City of Miami Police Commander, assigned to
the State Attorney's Human Trafficking Task Force, was
called by a woman who reported that her thirteen-year-old
daughter had run away. The Commander conducted an
investigation which led him to a phone number from which the
victim had recently called. That phone number led the
Commander and another officer to Bentley's address.
the officers arrived at the house, Bentley and his father
were home. The officers advised they were looking for a
thirteen-year-old girl who they believed was in danger, and
that they were aware this girl had used Bentley's phone.
Bentley first told police that he had met the girl the night
before at a convenience store, and let her use his phone.
When the officers asked Bentley if they could search the home
for the girl, Bentley became nervous, but nevertheless
consented. When the officers entered Bentley's bedroom,
they noticed the bed skirt was moving. Upon being prompted by
one of the officers, the victim emerged from under the bed
naked. The officers noticed that there was blood everywhere,
including on the bed, and bloody items in a plastic grocery
bag hanging from the bedroom door.
victim told the officers that she had run away from home, and
was tired and hungry when she encountered Bentley at a corner
store the previous evening. Bentley was in his car, and asked
the victim if she needed a ride and if she wanted to
"chill." The victim said yes, and got in
Bentley's car. Bentley took her to his house, and into
his bedroom, and asked her if she was hungry. He gave her
some fries that were in the bedroom, and then she used his
phone to call her mom and her aunt. The victim said she had
no place to go, and did not want to go to her aunt's
house because she had run away and her aunt did not want to
get into trouble.
victim took a shower at Bentley's house, and put on
clothes he gave her. When she laid down to go to sleep,
Bentley told her he wanted to have sex. She had sex with him
twice, both times with a condom, which Bentley then put in a
plastic bag. When the victim woke up in the morning, Bentley
told her to hide under the bed, which she did until the
police told her to come out. The victim told police that the
stains on the bed were because she was menstruating.
later admitted that he lied to the police about the victim
being at the house because he was scared. He told the
officers that he met her the night before, and she did not
have a place to stay, so he allowed her to come home with
him, but he did not know she was thirteen, and thought she
was eighteen. He admitted having sex with her. Bentley was
arrested and later ...