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CHAPLIN v. STATE

No. 92-01289.

622 So.2d 165 (1993)

Michael H. CHAPLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna Provonsha-Lentz, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

Michael H. Chaplin challenges his convictions for capital sexual battery and two counts of lewd and lascivious act. We affirm in part and reverse in part.

We affirm his conviction for capital sexual battery without discussion.

We reverse his conviction for lewd and lascivious act as charged in count two of the information because the conduct alleged in that count formed the basis for the sexual battery conviction. One cannot be convicted...

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