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WERNER v. STATE

No. 90-0686.

590 So.2d 431 (1991)

Martin WERNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 31, 1991.

Attorney(s) appearing for the Case

Bruce S. Rogow of Bruce S. Rogow, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING AND REQUEST TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE

GARRETT, Judge.

We deny the state's motion for rehearing, but grant its request to certify a question to be of great public importance and substitute the following to clarify our March 27, 1991 opinion:

Appellant Martin Werner appeals his conviction and sentence for committing a lewd or lascivious act in the presence of a child. We reverse.

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