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BASS v. STATE

No. 71-837.

263 So.2d 611 (1972)

Jimmy BASS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 17, 1972.

Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., and Andrew I. Friedrich and Wallace E. Allbritton, Asst. Attys. Gen., Tallahassee, for appellee.

MORROW, RUSSELL O., Associate Judge.

This is an appeal from a judgment of guilty and sentence of the appellant in the Criminal Court of Record for Palm Beach County. The appellant was charged in three counts as follows: Count One with assault with intent to commit rape; Count Two with lewd and lascivious assault; and, Count Three with assault and battery. The state was required to make an election between Counts One and Two, and chose Count Two on which to proceed...

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