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MILLER v. STATE

No. 84-1358.

467 So.2d 1084 (1985)

Johnnie Willis MILLER, a/k/a Jon Michael, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 26, 1985.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

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

DANAHY, Judge.

Appellant was convicted and sentenced for first degree (felony) murder, burglary with assault, and involuntary sexual battery. He appeals only his judgments and sentences for the latter two crimes. We reverse.

A two count information charged appellant with sexual battery, contrary to section 794.011(3), Florida Statutes (1983), and burglary of a dwelling. The burglary count was charged in this language:

[Appellant] unlawfully and without...

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