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McCONNELL v. STATE

No. 90-02345.

581 So.2d 251 (1991)

Jack McCONNELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 26, 1991.

Attorney(s) appearing for the Case

Sharon Bradley of Daley and Miller, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Acting Chief Judge.

Defendant, Jack McConnell, raises two points in this appeal. We find no merit to the first. The second point raised is that the judgment erroneously identifies his conviction for sexual battery under section 794.011(2), Florida Statutes (1989), as a life felony rather than the correct capital felony that it is. We agree.

Accordingly, we remand for correction of the judgment. Otherwise, we affirm.

FRANK and ALTENBERND...

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