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McLAIN v. STATE

No. 91-01772.

612 So.2d 664 (1993)

James Edward McLAIN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dell H. Edwards, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

James McLain seeks reversal of his convictions and sentences. We affirm the convictions without comment, but we remand one sentence to correct an improper habitual offender designation.

The jury found McLain guilty of attempted sexual battery upon a child less than 12, a first degree felony, sexual battery upon a child less than 12, a capital felony, and lewd and lascivious conduct, a felony of the second degree. At the penalty phase, the trial...

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