CARTER v. STATE

No. 78-1815/T4-192.

380 So.2d 541 (1980)

Eddie CARTER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 27, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jack Goldberger, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


COBB, Judge.

This is a timely appeal from a judgment of guilty of sexual battery with use of force not likely to cause serious personal injury. Appellant had been charged by Information as follows:

[Appellant] did, in violation of Florida Statute 794.011(4)(b), commit a sexual battery upon [name deleted], a person over the age of eleven years, without the consent of the said [name deleted], and in the presence thereof threatened to use physical force or violence...

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