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SURACE v. STATE

No. 78-2292.

378 So.2d 895 (1980)

Rocco James SURACE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 8, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Richard J. Menin, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven L. Bolotin, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and HENDRY and Schwartz, JJ.

HENDRY, Judge.

By this appeal we review the question of whether under the crime of involuntary sexual battery pursuant to Section 794.011, Florida Statutes (1975),1 it constitutes reversible error for the trial court to have declined to give the requested instruction on the element of intent to attain sexual gratification.

In 1976 this appellant/defendant and a codefendant were indicted by the grand jury on the charges of first...

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