RUBIN v. STATE

No. 90-2491.

578 So.2d 331 (1991)

Sidney RUBIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 1991.


Attorney(s) appearing for the Case

Rubin, Rubin & Fuqua, and A. Hinda Klein, for appellant.

Robert A. Butterworth, Atty. Gen., and Anita J. Gay, Asst. Atty. Gen., for appellee.

Before BASKIN, COPE and GERSTEN, JJ.


PER CURIAM.

Sidney Rubin appeals his conviction for two counts of attempt to commit a lewd and lascivious act in the presence of a child under the age of sixteen years. See § 800.04(3), Fla. Stat. (1989). We conclude, contrary to defendant's contention, that the evidence showed overt acts by defendant toward the commission of the charged offenses, see § 777.04, Fla. Stat. (1989), and that the motion for judgment of acquittal was properly denied...

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