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GAUTREAUX v. STATE

No. 90-1515.

588 So.2d 1 (1991)

Kirby John GAUTREAUX, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

On Motion for Rehearing September 6, 1991.

Second Rehearing Denied November 4, 1991.

Attorney(s) appearing for the Case

John D. O'Brien of O'Brien, Graham & Basford, Chartered, Panama City, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen. and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee/cross-appellant.

PER CURIAM.

AFFIRMED.

ERVIN, JOANOS, and MINER, JJ., concur.

ON MOTION FOR REHEARING

JOANOS, Chief Judge.

Appellant seeks rehearing, and if rehearing is denied, the issuance of a written opinion setting forth the basis of the court's per curiam affirmance in this cause. The appealed issues concern the propriety of the jury instructions given in this sexual battery case, in which the victim had a history of schizophrenia, a circumstance...

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