O'BRYAN v. STATE

No. 96-1217.

692 So.2d 290 (1997)

Mark Anthony O'BRYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 28, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Amelia L. Beisner, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant raises two issues in this direct appeal. We affirm on the first issue without further discussion, but we reverse for new trial on the second issue.

Appellant was charged in a single count with lewd and lascivious assault in violation of section 800.04(1), Florida Statutes (1993), or knowingly committing a lewd or lascivious act in the presence of a child under sixteen years of age in violation of section 800.04(4). At trial, however,...

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