WHITAKER v. STATE

No. 82-1244.

433 So.2d 1352 (1983)

Robert Wagner WHITAKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 12, 1983.


Attorney(s) appearing for the Case

William M. Holland, Jr. and Katherine B. Huppuch, Tampa, for appellant.

Jim Smith, Atty. Gen., and Diane Leeds, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


HENDRY, Judge.

Robert Whitaker appeals from his conviction and sentence following a jury trial, for involuntary sexual battery with slight force. His two main issues on appeal are his claim of ineffective assistance of trial counsel and the trial court's denial of his request for an instruction to the jury on the maximum and minimum penalties for the lesser included offenses. We affirm.

We find that appellant's first argument, ineffectiveness of trial counsel...

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