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SANTIAGO v. STATE

No. 94-868.

652 So.2d 485 (1995)

Albert SANTIAGO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 24, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Santiago appeals his convictions for attempted second degree murder and sexual battery. Because there was insufficient evidence to convict the defendant on either charge, we reverse the convictions and remand for discharge.

The prosecution for attempted murder was predicated upon the original version of a choking incident given to the police by the victim, Ms. Oquendo,1 immediately after the incident. Prior to trial...

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