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BOOMER v. STATE

No. 79638.

616 So.2d 991 (1993)

Richard Murl BOOMER, Jr., Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

April 15, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge and Megan Olson, Asst. Public Defenders, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Sue R. Henderson, Asst. Atty. Gen., Tampa, for respondent.

SHAW, Justice.

We have for review Boomer v. State, 596 So.2d 730 (Fla. 2d DCA 1992), wherein the district court recognized conflict with Wood v. State, 593 So.2d 557 (Fla. 5th DCA 1992). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve Boomer.

Boomer was convicted of sexual battery on a child under twelve, attempted sexual battery, and lewd assault...

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