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BULLINGTON v. STATE

No. 90-2722.

616 So.2d 1036 (1993)

Harry BULLINGTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 16, 1993.

Attorney(s) appearing for the Case

F. Lee Bailey and David M. Schultz, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

FERGUSON, Judge.

Harry Bullington appeals his convictions for the following offenses: count I: sexual battery upon a person twelve years of age or older while helpless to resist; count II: conspiracy to commit anal sexual battery; and count III: conspiracy to commit oral sexual battery on S.E.M. He contends that insufficient evidence was presented to support the convictions and that the fifty-year departure sentence imposed by the judge was illegal. We reverse.

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