LYLES v. STATE

No. 81-1428.

412 So.2d 458 (1982)

Daniel James LYLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 1982.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellee.


SCHOONOVER, Judge.

This is an appeal from a judgment adjudicating the appellant guilty of the sexual battery of his four-year-old stepdaughter, Heather Kelly, and a sentence of life imprisonment entered thereon. We reverse.

The incident in question occurred during the late evening hours of August 29, 1980. Heather was left alone in an orange grove overnight and returned to her home by the appellant at approximately 10:15 a.m. the next day. Shortly thereafter...

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