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MOORE v. STATE

No. VV-278.

414 So.2d 261 (1982)

Lavern Connell MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 21, 1982.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Nancy A. Daniels, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Richard A. Patterson, Asst. Atty. Gen., for appellee.

PER CURIAM.

We affirm all points on appeal. As to Point IV, challenging the court's imposition of a separate sentence for sexual battery as a lesser offense to burglary while committing an assault, we conclude, after examining the allegations of Count II, relating to the burglary offense, that sexual battery, not alleged in Count II to be the means by which the assault was committed, could not be a lesser offense to burglary. Accordingly, the court's imposition of...

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