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STATE v. PATE

No. 94-1353.

656 So.2d 1323 (1995)

STATE of Florida, Appellant, v. Joseph Thomas PATE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 14, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Daisy G. Clements, Asst. Public Defender, Daytona Beach, for appellee.

COBB, Judge.

The state appeals from an order granting the defendant's motion for arrest of judgment on Count IV of the information.

The defendant was charged by fourth amended information with four counts of capital sexual battery (Counts I-IV) and one count of lewd and lascivious assault (Count V). In particular, Count IV charged that the defendant committed sexual battery upon a person less than 12 years of age...

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