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JOHNSON v. STATE

No. 93-722.

632 So.2d 1062 (1994)

John Arthur JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 7, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The defendant below, John Arthur Johnson, was convicted of two counts of sexual battery and one of robbery. The second count of sexual battery was based on digital penetration of the victim's anus. The victim gave rather equivocal testimony that Johnson "briefly" penetrated her anus with his finger, but, because of her movement, "wasn't very successful ... at actual penetration." Johnson, testifying in his own behalf, denied any anal penetration, saying...

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