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TINGLEY v. STATE

No. 85-1003.

495 So.2d 1181 (1986)

Raymond Harold TINGLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 14, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Tingley appeals from a final judgment adjudicating him guilty of four counts of sexual battery on a child under the age of eleven years.1 His primary point on appeal which merits discussion2 is that the trial court erred in not dismissing the indictment, when the span of time set forth in the indictment as to when the crimes allegedly took place differed from those specified by the state in its...

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