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MARR v. STATE

No. 67349.

494 So.2d 1139 (1986)

Paul Allen MARR, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 25, 1986.

Attorney(s) appearing for the Case

Silas R. Eubanks, T. Whitney Strickland, Jr., Tallahassee, for petitioner.

Jim Smith, Atty. Gen., Gregory G. Costas and Raymond L. Marky, Asst. Attys. Gen., Tallahassee, for respondent.

EHRLICH, Justice.

We have for our review Marr v. State, 470 So.2d 703 (Fla. 1st DCA 1985), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The petitioner, Marr, was charged with and convicted of sexual battery by oral penetration, pursuant to section 794.011(3), Florida Statutes (1983). The only evidence produced by the state at...

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