KIBLER v. STATE

No. 86-876.

501 So.2d 76 (1987)

David Wayne KIBLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 15, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

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


COBB, Judge.

The appellant, David Kibler, was convicted of burglary with a battery and four counts of sexual battery arising out of an incident wherein he allegedly forced his way into the victim's home and sexually assaulted her four times. He was sentenced to ten years on the burglary count, to run consecutively to four concurrent life sentences on the sexual battery counts.

On appeal Kibler challenges the trial court's refusal to dismiss the jury, given...

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