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WALKER v. STATE

No. 84-1134.

464 So.2d 1325 (1985)

Isiah WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 14, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Walker was charged by information with sexual battery on a person eleven years of age or younger.1 The jury returned a guilty verdict and he was adjudicated and sentenced to life imprisonment. We affirm.

Walker's sole issue on appeal is that the trial court erred in not giving the jury an instruction on lewd and lascivious assault,2 as a lesser included offense of sexual battery. We have...

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