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McLELLAN v. STATE

No. 96-01795.

696 So.2d 928 (1997)

Shawn Timothy McLELLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Judge.

Shawn McLellan appeals from his convictions of lewd, lascivious, or indecent assault or act upon a child under sixteen and handling or fondling a child in a lewd, lascivious, or indecent manner. We reverse.

The victim of the charged crimes was Stacey, who was born February 13, 1982. Stacey's mother, Rhonda, was engaged to McLellan at the time of the incidents, which occurred around January and August of 1995. Rhonda and McLellan did not live...

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