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FAIRWEATHER v. STATE

No. UU-41.

400 So.2d 1279 (1981)

John Bill FAIRWEATHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 3, 1981.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., for appellee.

McCORD, Judge.

Appellant appeals his conviction of sexual battery, raising four points for review. We affirm in part and reverse in part.

We first consider appellant's challenge to the trial court's finding that § 947.16, Florida Statutes, is constitutional and we find no error. See Arnett v. State, 397 So.2d 330 (Fla. 1st DCA, 1981).

Next, appellant contends that the in-court identification made of him...

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