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STATE v. SANCHEZ

No. 94-231.

642 So.2d 122 (1994)

STATE of Florida, Appellant, v. Juan SANCHEZ, Appellee.

District Court of Appeal of Florida, Fifth District.

September 9, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from an order dismissing charges against appellee. The trial judge determined that the sexual battery statute applied against this appellee1 was unconstitutional because the child with whom appellee had sexual intercourse consented to it. The order dismissing the information was entered after this court's decision in Jones v. State, 619 So.2d 418 (Fla. 5th DCA...

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