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McCLANAHAN v. STATE

No. 79-35.

377 So.2d 240 (1979)

Jacob M. McCLANAHAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

STARNES, HUGH E., Associate Judge.

The defendant was charged with involuntary sexual battery effected by threats with a deadly weapon pursuant to Florida Statute 794.011(2). The jury was furnished a verdict form of "guilty of involuntary sexual battery as charged" with the option of choosing one of the following alternatives:

"and we further find that a weapon was used", or "and we further find that a weapon was not used".

The jury returned...

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