SMITH v. STATE

No. 91-3455.

632 So.2d 644 (1994)

James Eugene SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 22, 1994.


Attorney(s) appearing for the Case

Ronald W. Johnson of Kinsey, Troxel, Johnson & Walborsky, P.A., Pensacola, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt and Amelia L. Beisner, Asst. Attys. Gen., Tallahassee, for appellee.


ALLEN, Judge.

The appellant appeals from his convictions and sentences on four counts of attempting to handle, fondle, or make an assault upon a child under the age of 16 years in a lewd, lascivious or indecent manner, as proscribed by section 800.04(1), Florida Statutes (Supp. 1990). He argues that the undisputed material facts upon which the charges were based do not establish a prima facie case of guilt and that the trial court therefore erred in denying his Florida...

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