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VICTOR v. STATE

No. 89-0036.

566 So.2d 354 (1990)

Joseph A. VICTOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 1990.

Attorney(s) appearing for the Case

Steven T. Greene, Stuart, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.

STONE, Judge.

The defendant is charged with engaging in "carnal intercourse" with an unmarried person under eighteen years of age. The facts are not disputed. The only act charged involved fellatio performed upon the victim by the defendant. The trial court denied appellant's motion to dismiss. We affirm.

Florida Statutes Section 794.05(1) provides:

Any person who has unlawful carnal intercourse with any unmarried person, of previous chaste...

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