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TURNER v. STATE

No. 76-2547.

363 So.2d 1 (1978)

John Wayne TURNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 25, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Marc R. Goldstein and Harvey R. Schneider, Asst. Public Defenders, West Palm Beach, for appellant.

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

ANSTEAD, Judge.

This is an appeal from a conviction for attempted sexual battery involving the use of force likely to cause serious personal injury.1 The appellant claims error in the trial court's refusal to instruct the jury on attempted sexual battery involving the use of force not likely to cause serious personal injury.2 We affirm.

Turner was charged, tried, and convicted of attempted sexual battery...

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