SCHWARTZ, Chief Judge.
As a result of consensual sexual relations with his seventeen year old niece by marriage, Hull was charged with sexual battery by a person "in a position of familial or custodial authority," as proscribed by section 794.011(8), Florida Statutes (1995). He appeals from a conviction entered on a nolo plea which preserved the right to review his "(c)(4)" motion to dismiss. We reverse on the ground that the motion should have been granted.
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