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MORRIS v. STATE

No. 4D10-415.

88 So.3d 1045 (2012)

Maurice MORRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 30, 2012.

Attorney(s) appearing for the Case

Antony P. Ryan , Regional Counsel, Louis G. Carres , Special Assistant Conflict Counsel of Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellee.

LEVINE, J.

We grant appellant's motion for clarification, withdraw our previously issued opinion, and substitute the following opinion.

The issue presented in this case is whether the trial court erred in giving a jury instruction for attempted sexual battery, over appellant's objection, where appellant was charged with sexual battery, the state presented evidence only of a completed act, and appellant claimed the...

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