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ROE v. STATE

No. 94-2159.

654 So.2d 1287 (1995)

Paul Lester ROE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 31, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.

MICKLE, Judge.

Paul Lester Roe was charged with one count of sexual battery and one count of lewd and lascivious assault. The alleged offenses arose from a single act which occurred on October 16, 1993. Roe was ultimately convicted of attempted sexual battery and lewd and lascivious assault. As the state concedes, we must vacate the judgment and sentence for lewd and lascivious assault because the conduct alleged in that count formed the basis for the attempted sexual...

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