FITZGIBBONS v. STATE

No. 97-3637.

745 So.2d 452 (1999)

John FITZGIBBONS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 10, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert M. Godfrey and Julie Levitt, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Sylvie Perez-Posner, Assistant Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and GREEN, JJ.


PER CURIAM.

The appellant, John Fitzgibbons, was charged with and convicted of two counts of sexual battery after a jury trial. His theory at trial was that his sexual encounter with the victim was consensual and that the victim claimed sexual battery only when she later learned that Fitzgibbons was married and thus unavailable to marry her to assist her with her immigration status.

On this appeal, Fitzgibbons asserts, and we agree, that the trial court abused...

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