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WESTON v. STATE

No. CC-478.

351 So.2d 75 (1977)

Lloyd D. WESTON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 21, 1977.

Attorney(s) appearing for the Case

Patrick G. Ingraham, Daytona Beach, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

RAWLS, Judge.

Appellant appeals from a judgment of conviction of sexual battery upon a person 11 years of age or under.1 The only issue posed by appellant that merits our consideration is whether the trial court erred in not granting a new trial upon the proffer of newly discovered evidence.

The basic facts are: At trial, the victim, a minor female child under the age of 11 years, testified as to appellant's repeated sexual attacks...

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