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NICHOLSON v. STATE

No. 84-2470.

486 So.2d 688 (1986)

Robert NICHOLSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 15, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

In view of the overwhelming and virtually uncontradicted evidence of guilt adduced below indicating beyond a reasonable doubt that the defendant Robert Nicholson committed a sexual battery on his six-year-old stepdaughter in violation of Section 794.011(2), Florida Statutes (1983), we conclude that: (a) the sparse and inadmissible similar crimes testimony which was inadvertently elicited at trial by both the state and the defense, and (b) the improper...

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