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LEON v. STATE

No. 95-3683.

695 So.2d 1265 (1997)

Huber LEON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, Judge.

Defendant was charged with kidnapping and sexual battery. The charging document alleged venue in "Okeechobee and/or Martin County." The evidence at trial showed that the events underlying the alleged kidnapping began in Okeechobee county, but the victim testified unequivocally that the sexual battery occurred in Martin county. The jury acquitted defendant of the kidnapping charge, but convicted him of sexual battery. He argues on appeal that the state...

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