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GAINES v. STATE

No. 93-3105.

652 So.2d 458 (1995)

Larry Russell GAINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sharon A. Wood, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Larry Russell Gaines, appellant, was charged by information with sexual battery with a firearm and lewd assault. The jury found appellant guilty of sexual battery (a lesser included offense) and guilty of lewd assault. We affirm the conviction and sentence for sexual battery.

The crime of lewd assault is proscribed by section 800.04(1), Florida Statutes (1991). In its instructions to the jury the trial court, instead of the instructions for lewd...

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