Bodie

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NAPLES — A 52-year-old convicted burglar who broke into a Marco Island home and sexually assaulted an 11-year-old girl at knifepoint six years ago was sentenced a second time Monday to life in state prison.

Luman Alexander Bodie, a Lake Worth man in prison for more than two years, was resentenced due to a technicality that required the state to prove his identity through fingerprints and a photograph so he could be resentenced as a prison release reoffender. He has a lengthy rap sheet of 12 felony convictions, including attempted murder.

After hearing some testimony from Collier County Sheriff’s Deputy Frank Aldrich, a fingerprint examiner, and examining a mugshot, Circuit Judge Lawrence Martin imposed the same sentence he did on March 24, 2006, that Bodie appealed on several issues.

The only one the Second District Court of Appeal ordered resentencing on involved proof that Bodie was the same man who was released from state prison on Sept. 14, 2000, and who broke into a San Marco Road home, held a knife to a girl’s neck, kissed her, licked her ear and sexually assaulted her on April 9, 2002.

Assistant State Attorney Deborah Schwartz presented the testimony and asked that the same sentence be imposed, while Assistant Public Defender Dave Whiting said he had no legal objections. Neither handled the case at trial.

Jurors convicted Bodie after a two-day trial, finding him guilty of capital sexual battery on a child younger than 12 and armed burglary of an occupied dwelling. Despite his lengthy criminal history, he took the stand to admit his convictions, but say he hadn’t been in Marco Island. But it was Bodie’s DNA that linked him to that assault and a rape in Palm Beach County.