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FANIN v. STATE

No. 90-3792.

586 So.2d 465 (1991)

James FANIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 28, 1991.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., and Wendy S. Morris, Certified Legal Intern, Tallahassee, for appellee.

PER CURIAM.

James Fanin appeals his convictions and sentences for five counts of sexual battery and one count of lewd and lascivious assault. We affirm the convictions and sentences for the five counts of sexual battery as we find no reversible error.

We reverse the conviction and sentence for lewd and lascivious assault. The trial judge erred in not granting the motion for judgment of acquittal as the victim did not testify that the defendant exposed his...

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