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STATE v. AIKEN

Nos. 77-2444, 77-2453.

370 So.2d 1184 (1979)

STATE of Florida, Appellant, v. Harry J. AIKEN, Appellee. STATE of Florida, Appellant, v. Fred DAVIS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 1979.

Attorney(s) appearing for the Case

David H. Bludworth, State's Atty., Jolen Rawls and James R. Wolf, Asst. State's Attys., West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Basil S. Diamond and Charles W. Musgrove, Asst. Attys. Gen., co-counsel for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.

Janet Reno, State's Atty., and Alan E. Krueger, Miami, for amicus curiae.

BERANEK, Judge.

This is a consolidated appeal involving two criminal cases in which the defendants/appellees are charged with the crime of sexual battery under Florida Statute 794.011(3). In both cases the trial court dismissed the informations because there was no allegation that the defendant harbored a criminal intent to obtain sexual gratification in committing the sexual battery. The State appeals and we reverse.

In the case of State v. Aiken,...

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