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ELLIS v. STATE

No. 87-2701.

534 So.2d 1234 (1988)

Robert David ELLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 14, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Acting Chief Judge.

Defendant, Robert David Ellis, appeals his convictions and sentence for sexual battery and lewd and lacivious conduct claiming that the trial court failed to sever an improper count from the information. We agree.

Counts I, II, and III of the information charged defendant with committing a sexual battery by digital penetration upon T.M. (age 9) and A.V.Y. (age 7) between October 1, 1986, and December 25, 1986. Count IV of the information...

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