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BOSTIC v. STATE

No. 92-1075.

613 So.2d 140 (1993)

Darnell Frederick BOSTIC, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing and Certification Denied March 3, 1993.

Attorney(s) appearing for the Case

Frank A. Kreidler, Lake Worth, for appellant.

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

Rehearing, Rehearing En Banc and Certification Denied March 3, 1993.

PER CURIAM.

We reverse defendant's conviction and sentence for the first degree felony of aggravated battery on a person 65 or older, because we conclude that the state has failed to charge that defendant knew that the victim was 65 or older. State v. Nelson, 577 So.2d 971 (Fla. 4th DCA 1991). On remand, the court shall enter judgment and resentence...

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