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RUSAW v. STATE

No. 82-883.

429 So.2d 1378 (1983)

Chris RUSAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 29, 1983.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for appellant.

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

GRIMES, Judge.

The only significant question on this appeal is whether a person convicted of sexual battery under section 794.011(2), Florida Statutes (1981), may receive a minimum mandatory twenty-five year sentence.

Appellant was convicted of sexual battery under section 794.011(2) which reads as follows:

(2) A person 18 years of age or older who commits sexual battery upon, or injures the sexual organs of, a person 11 years of age or younger in...

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