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COOPER v. STATE

No. AU-145.

453 So.2d 67 (1984)

Robert COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 2, 1984.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Andrew Thomas, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

Cooper, a person under 18 years of age, was charged by information with sexual battery upon a 10-year-old child pursuant to Section 794.011(2), Florida Statutes (1981), which provides that such an offense is a "capital felony." The jury found him guilty of the lesser offense of "assault with intent to commit sexual battery," which is actually an aggravated assault under Section 784.021(1)(b), Florida Statutes (1981).1 Cooper...

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