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COTTON v. STATE

No. VV-365.

395 So.2d 1287 (1981)

Terry Lloyd COTTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 2, 1981.

Attorney(s) appearing for the Case

Michael Minerva, Public Defender, and Theodore E. Mack, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and David Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.

LILES, WOODIE A. (Retired), Associate Judge.

The defendant appeals his conviction of sexual battery with the use of actual physical force likely to cause serious personal injury [§ 794.011(3), Fla. Stat.] and his sentence to sixty years' imprisonment. We affirm.

The State charged the defendant by information which read, in pertinent part:

"... the above-named defendant on the 8th day of September, 1979, did then and there unlawfully commit a...

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