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SCOTT v. STATE

No. 95-04888.

691 So.2d 30 (1997)

Harold Kevin SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 2, 1997.

Attorney(s) appearing for the Case

Milton Hirsch of Law Offices of Milton Hirsch, P.A., Miami, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Harold Kevin Scott appeals his conviction for a lewd and lascivious act in violation of section 800.04, Florida Statutes (1993). This court originally issued a per curiam affirmance of Scott's conviction and sentence. In a motion for certification, Scott suggests conflict with Smith v. State, 674 So.2d 791 (Fla. 5th DCA 1996). Although we share some of Scott's counsel's concerns regarding the facts of this case...

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