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BOQUETTE v. STATE

No. 83-326.

443 So.2d 295 (1983)

Orlando BOQUETTE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 27, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Marti A. Rothenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.

BASKIN, Judge.

Finding no merit in appellant's contention that the trial court erred in denying his motion to suppress the out-of-court and in-court identifications, we affirm the judgment convicting Boquette of burglary and attempted sexual battery with the use of force not likely to cause serious personal injury. However, as conceded by the state, the trial court erroneously sentenced Boquette to fifteen years imprisonment on his conviction for sexual battery. We...

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