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STATE v. YZAGUIRRE

No. 89-03484.

569 So.2d 492 (1990)

STATE of Florida, Appellant, v. Ray YZAGUIRRE, Appellee.

District Court of Appeal of Florida, Second District.

October 5, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

Francis W. Sams, Naples, for appellee.

FRANK, Acting Chief Judge.

The central question before us in this capital sexual battery matter, arising from acts alleged to have been engaged in by Yzaguirre with his minor natural daughter, is whether the trial court erred in dismissing Count II of an amended information alleging that the crimes occurred in periods from March 10, 1968 to March 10, 1970 and March 10, 1970 to March 10, 1971. The trial court dismissed the amended information finding it vague and indefinite...

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