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CHRISTIAN v. STATE

No. 80-1243.

400 So.2d 141 (1981)

Willie L. CHRISTIAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 17, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.

FRANK D. UPCHURCH, Jr., Judge.

At trial, the jury returned a verdict finding appellant guilty on Count I, sexual battery with a deadly weapon in violation of section 794.011(3) and on Count IV, kidnapping in violation of section 787.01(1)(a). The judgment and sentence form for Count I (sexual battery) states that it includes "Counts II & III" which is contrary to the verdict. The judgment and sentence form for kidnapping states that appellant was adjudged guilty...

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