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HIGHTOWER v. STATE

No. 85-453.

488 So.2d 106 (1986)

James Horace HIGHTOWER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 24, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

Pursuant to the appellant's motion for rehearing in accordance with Florida Rule of Appellate Procedure 9.331(c), we have considered this case en banc. We vacate our prior per curiam panel decision filed herein on January 2, 1986, and substitute therefor the following opinion:

In this case the defendant, Hightower, was indicted for sexual battery of a child of six pursuant to section 794.011(2), Florida...

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