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NEAL v. STATE

No. 81-512.

414 So.2d 1146 (1982)

Billy Gene NEAL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 8, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and H.T. Smith, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Theda R. James, Asst. Atty. Gen., for appellee.

Before BARKDULL and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

BASKIN, Judge.

Finding no error in the admission of similar fact evidence to establish identity, Williams v. State, 110 So.2d 654 (Fla. 1959), and noting that defense counsel agreed to the consolidation of cases, we affirm the conviction of kidnapping and sexual battery; however, we strike as untimely the trial court's retention of jurisdiction over one-third of defendant Neal's sentence. Section 947.16(3), Florida Statutes...

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