FENELON v. STATE

No. 92-1001.

629 So.2d 955 (1993)

Emilus FENELON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 8, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


FARMER, Judge.

Defendant was charged with one count of sexual activity with a child by a person in familial authority1 and one count of capital sexual battery.2 He was convicted of the sexual activity count as charged and of the lesser included offense of attempted sexual battery on a child less than 12 years of age by a person over the age of 12. On appeal he argues error in the admission of a tape recorded...

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