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STATE v. RIDER

No. 83-821.

449 So.2d 903 (1984)

The STATE of Florida, Appellant, v. William RIDER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 25, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Calvin L. Fox, Asst. Atty. Gen., for appellant.

William A. Meadows, Jr., South Miami, George T. Pallas, Miami, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

JORGENSON, Judge.

This case presents the question of whether one spouse may be prosecuted under section 794.011(3) and (5), Florida Statutes (1981), for sexual battery upon the other spouse. For the reasons which follow we find, contrary to the trial court, that a spouse may be so prosecuted. Accordingly, we reverse and remand with directions to reinstate the prosecution.

I

William Rider was charged by information with the crime of sexual battery...

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