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CAMPBELL v. STATE

No. 88-265.

553 So.2d 184 (1989)

Dale Lynn CAMPBELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

As Corrected December 11, 1989.

Rehearing Denied December 19, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Phil Patterson, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Chief Judge.

Appellant, Dale Lynn Campbell, appeals a final judgment adjudicating him guilty of attempted sexual battery pursuant to section 794.011(4)(e), Florida Statutes. That subsection provides:

(4) A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, under any of the following circumstances is guilty of a felony of the first degree... . (e) When the victim is mentally defective...

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