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MILLER v. STATE

No. 95-01625.

693 So.2d 598 (1997)

Steven MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 5, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

Steven Miller appeals his convictions for four counts of capital sexual battery and one count of lewd fondling. We find merit only in his argument that the State failed to produce sufficient evidence to support the lewd fondling conviction. "[A] defendant's confession to a crime cannot be the sole basis for that defendant's conviction for that crime; there must be prima facie evidence of the crime charged independent of the defendant's admission."

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