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FJORD v. STATE

No. 93-1344.

634 So.2d 714 (1994)

Tom L. FJORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 16, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Debra Moses Stephens, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Sr. Asst. Atty. Gen., West Palm Beach, for appellee.

PARIENTE, Judge.

Defendant was charged with sexual battery, in violation of section 794.011(2), Florida Statutes (1991), and two counts of lewd and lascivious assault upon a child less than 16 years of age, in violation of section 800.04, Florida Statutes (1991). We find his convictions for both the lesser-included offense of battery and one count of lewd and lascivious assault arising out of a single act to be mutually exclusive based on State v. Hightower,

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