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STATE v. CADIEU

No. FF-141.

353 So.2d 150 (1977)

STATE of Florida, Appellant, v. Milton Talliaferro CADIEU, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 13, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., Raymond T. McNeal, Asst. State Atty., for appellant.

John E. Futch, Fore & Futch, P.A., Ocala, for appellee.

SMITH, Judge.

The State appeals from a trial court order arresting judgment on Cadieu's conviction for violation of Section 800.04, Florida Statutes (1975), providing:

"Any person who shall handle, fondle or make an assault upon any child under the age of 14 years in a lewd, lascivious or indecent manner ... without the intent to commit involuntary sexual battery shall be guilty of a felony of the second degree... ."

Following a jury verdict of guilty...

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