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ALFONSO v. STATE

No. 92-708.

633 So.2d 126 (1994)

Faustino Juan ALFONSO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 22, 1994.

Attorney(s) appearing for the Case

Elio Vazquez, for appellant.

Robert A. Butterworth, Atty. Gen., and Paul M. Gayle-Smith, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and GERSTEN, JJ.

PER CURIAM.

Based on the controlling authority of State v. Hernandez, 596 So.2d 671 (Fla. 1992), we reverse the judgment of conviction and sentence on count II of the information imposed below against the defendant Faustino Alfonso for lewd and lascivious act in the presence of a minor [§ 800.04, Fla. Stat. (1989)]. The law is clear that where, as here, an individual commits a single act of lewd behavior in violation...

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