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DUPREE v. STATE

No. AO-101.

436 So.2d 317 (1983)

Willis Earl DUPREE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 10, 1983.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, Steven L. Bolotin, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee.

MILLS, Judge.

From his conviction and sentence for sexual battery by using physical force and violence not likely to cause serious personal injury, Section 794.011(5), Florida Statutes (1981), Dupree appeals, contending that the trial court erred in allowing the State to call a rebuttal witness. We affirm.

At Dupree's trial, after the State had presented its case in chief, the defense called Anita Malick, who was...

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