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WHITE v. STATE

No. 81-1386.

412 So.2d 28 (1982)

Terry Wilburn WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 2, 1982.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Samuel Robert Mandelbaum, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Acting Chief Judge.

Appellant was convicted of first degree burglary and sexual battery and given consecutive fifteen year sentences. Relying upon McRae v. State, 383 So.2d 289 (Fla. 2d DCA 1980), he argues that we should vacate the sentence imposed for sexual battery because, he contends, the sexual battery was a lesser included offense of the first degree burglary.

In McRae this court considered two...

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