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FULLER v. STATE

No. 88-488.

540 So.2d 182 (1989)

David Allen FULLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Defendant appeals his conviction on one count of sexual battery on a person less than 12 years of age1 and on one count of lewd and lascivious assault upon a child.2 Because we find the trial proceedings fundamentally infected with such egregious errors as to result in the denial to defendant of his constitutional right to a fair trial, we reverse and remand for a new trial.

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