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SMITH v. STATE

No. 75-1867.

340 So.2d 1216 (1976)

Joseph Curtis SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 17, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.

ALDERMAN, Judge.

Defendant appeals his conviction of involuntary sexual battery and subsequent sentence to life imprisonment pursuant to Section 794.011(3) Florida Statutes (Supp. 1974).1

The victim testified that she was asleep on a couch in her home when she was grabbed from behind by an unknown intruder whom she later identified in a police lineup and at trial as the appellant. With his arm around her neck, he pulled her into...

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