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SMITH v. STATE

No. 98-1143.

738 So.2d 410 (1999)

Kenneth SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 25, 1999.

Attorney(s) appearing for the Case

Charles P. Horn, Ocala, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.

ANTOON, J.

Kenneth Smith appeals his judgment and sentence entered by the trial court after a jury found him guilty of committing the crime of sexual battery.1 He argues that the trial court erred in denying his motion to dismiss on the basis that the prosecution constituted double jeopardy.2 We affirm.3

Mr. Smith, a correctional...

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