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GONZALEZ v. STATE

No. 81-1832.

421 So.2d 662 (1982)

Vincente Artero GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 2, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, BASKIN and FERGUSON, JJ.

PER CURIAM.

We affirm the convictions for sexual battery and for aggravated battery but vacate the sentence for aggravated battery, upon a finding that the allegations and the proof pertaining to aggravated battery are included within the sexual battery with force charge. Brown v. State, 206 So.2d 377 (Fla. 1968); see Falstreau v. State, 326 So.2d 194 (Fla. 4th DCA 1976).

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