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ROBERSON v. STATE

No. BR-217.

517 So.2d 99 (1987)

Robert Louis ROBERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 22, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and David P. Gauldin, Sp. Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

The conviction and sentence on Count III are vacated. The facts establish that appellant's conduct constituted one continuous sexual battery. The situation is therefore distinguishable from that found in Grunzel v. State, 484 So.2d 97 (Fla. 1st DCA 1986), in which the defendant committed two separate acts that violated the sexual battery statute. The other issues on appeal are without merit. The remaining...

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