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GOPAUL v. STATE

No. 85-2151.

536 So.2d 296 (1988)

Suresh Bobby GOPAUL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 23, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT, and PEARSON, DANIEL S., JJ.

PER CURIAM.

The defendant appeals both his conviction and sentence for the offense of sexual battery committed upon a person under the age of eleven years. § 794.011(2), Fla. Stat. (1983). We affirm.

The defendant was seventeen years of age at the time he allegedly raped his nineteen-month-old cousin during a baby sitting session. Expert testimony and physical evidence revealed the area between the vagina and the anus had been lacerated most

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