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MILLIKEN v. STATE

No. 80-889.

398 So.2d 508 (1981)

Clifford Joseph MILLIKEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 27, 1981.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellant was charged by a four count information with sexual battery upon a person eleven years of age or younger which is a capital felony under section 794.011(2), Florida Statutes (1979).

Section 794.011(2) provides:

A person 18 years of age or older who commits a sexual battery upon, or injures the sexual organs of, a person 11 years of age or younger in an attempt to commit sexual battery upon said person commits...

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