BRADY v. STATE

No. 88-2872.

553 So.2d 316 (1989)

James Clancy BRADY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 1, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender; Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant was charged in three separate informations with committing a lewd and lascivious act in the presence of a child under the age of sixteen, contrary to section 800.04(3), Florida Statutes (1987). Specifically, it was charged in each information that appellant presented to a child a photograph of his genitalia.

Appellant filed a sworn motion to dismiss, arguing that the alleged conduct actually constitutes a violation of section 847.011...

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