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ROBERTS v. STATE

No. 77-2166/NT 4-20.

376 So.2d 247 (1979)

Peter James ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 1979.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, and Gary S. Israel, Legal Intern, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

WARREN, LAMAR, Associate Judge.

The appellant herein was indicted on two counts of involuntary sexual battery in violation of Section 794.011(2), Florida Statutes (1977), it being charged in count I that he did unlawfully commit a sexual battery upon a female person eleven years of age or younger, and in count II that he did injure the sexual organs of a female person eleven years of age or younger in an an attempt to commit sexual battery upon her.

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