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HALE v. STATE

No. 72-370.

273 So.2d 145 (1973)

Joseph Vincent HALE, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 6, 1973.

Attorney(s) appearing for the Case

Richard Kanner, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Arnold R. Ginsberg, Asst. Atty. Gen. and Sheridan Weinstein, Legal Intern, for appellee.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

By an indictment of a grand jury in Dade County the appellant Joseph Vincent Hale, Jr. was charged in each of three counts with violation of § 800.04 Fla. Stat., F.S.A. which is entitled "Lewd, lascivious or indecent assault or act upon or in presence of child," a felony in the second degree for which the penalty prescribed [§ 775.082(2)(b) Fla. Stat., F.S.A.] is imprisonment in the state penitentiary for not

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