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RUSAW v. STATE

No. 63628.

451 So.2d 469 (1984)

Chris RUSAW, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 24, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender and L.S. Alperstein, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.

Jim Smith, Atty. Gen. and Robert J. Krauss, Asst. Atty. Gen., Tampa, for respondent.

McDONALD, Justice.

The Second District Court of Appeal has certified its opinion in Rusaw v. State, 429 So.2d 1378 (Fla. 2d DCA 1983), as being in direct conflict with Hogan v. State, 427 So.2d 202 (Fla. 4th DCA 1983). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution, and we approve Rusaw.

A jury convicted Rusaw of sexual battery upon...

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