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SHUE v. STATE

No. 79-10.

386 So.2d 1256 (1980)

William Horace SHUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 29, 1980.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Nancy A. Daniels, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Appellant was tried by a jury and convicted of two counts of sexual battery committed upon two girls eleven years of age or younger in violation of section 794.011(2), Florida Statutes (1975). The jury returned two verdicts of guilty and rendered an advisory sentence of life imprisonment. The trial court imposed a sentence of death.

Appellant appealed to the Florida Supreme Court where he contended, relying upon Coker v. Georgia,

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