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DUVAL v. STATE

No. 85-930.

500 So.2d 570 (1986)

William W. DUVAL, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 1986.

Attorney(s) appearing for the Case

B. Anderson Mitcham and Charlotte W. Anderson of Mitcham, Weed, Barbas, Allen & Morgan, Tampa, for appellant.

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

FRANK, Judge.

The appellant, William W. Duval, III, challenges his conviction for sexual battery and the trial court's departure from the sentencing guidelines. We affirm the conviction but remand for resentencing.

Duval was charged with sexual battery violative of section 794.011(3), Florida Statutes (1984), and was tried before a jury. Prior to the trial, he moved to suppress the victim's out-of-court identification on the

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