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GILLESPIE v. STATE

No. AK-364.

440 So.2d 8 (1983)

Altha B. GILLESPIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 30, 1983.

Attorney(s) appearing for the Case

Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kathryn L. Sands, Asst. Atty. Gen., Jacksonville, for appellee.

THOMPSON, Judge.

Gillespie appeals his conviction and sentence for sexual battery by using or threatening to use a deadly weapon in violation of § 794.011(3), Fla. Stat. (1981). We affirm.

Of the seven points raised on appeal, only the point contending the trial court committed reversible error by refusing to instruct the jury on the lesser included offense provided in § 794.011(4)(b) merits discussion.

Citing Lomax v. State,

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