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STATE v. HIGHTOWER

No. 68717.

509 So.2d 1078 (1987)

STATE of Florida, Petitioner, v. James HIGHTOWER, Respondent.

Supreme Court of Florida.

Rehearing Denied July 16, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender, Seventh Judicial Circuit, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for respondent.

GRIMES, Justice.

We accepted jurisdiction of this case because of apparent conflict with State v. Lanier, 464 So.2d 1192 (Fla. 1985). Art. V, § 3(b)(3), Fla. Const.

The defendant was charged with sexual battery of a six-year-old child, pursuant to section 794.011(2), Florida Statutes (1983). Over the defendant's objection the court instructed the jury that lewd and lascivious conduct as set forth in section 800...

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