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STATE v. YOUNG

No. 90-690.

579 So.2d 380 (1991)

STATE of Florida, Appellant/Cross-Appellee, v. Terry L. YOUNG, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 16, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell and Belle B. Turner, Asst. Attys. Gen., Daytona Beach, for appellant, cross-appellee.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellee, cross-appellant.

COWART, Judge.

Based on a jury verdict, the defendant, a person over 18 years of age, was convicted of a sexual battery upon a person less than 12 years of age, in violation of section 794.011(2), Florida Statutes, which provides in relevant part:

A person 18 years of age or older who commits a sexual battery upon ... a person less than 12 years of age ... commits a capital felony, punishable as provided in ss. 775.082 and 921.141.

Section 775.082...

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