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TILLMAN v. STATE

No. 88-2880.

559 So.2d 754 (1990)

Rex TILLMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 2, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, John M. Koenig, Jr., and Celia A. Terenzio, Asst. Attys. Gen., West Palm Beach, for appellee.

ON PETITION FOR CLARIFICATION

PER CURIAM.

We grant appellee's petition for clarification and substitute the following opinion.

We affirm without discussion the defendant's conviction for attempted sexual battery. We reverse the conviction as to the charge of sexual battery. The state's information charged the defendant with "penetration" but not "union with" under section 794.011(1)(h), Florida Statutes (1987), however, the state's evidence at trial...

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