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WEBB v. STATE

No. 97-2797

724 So.2d 646 (1999)

Gerald Thomas WEBB, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 8, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

DAUKSCH, J.

This is an appeal from a capital sexual battery conviction.

Appellant asserts as error the trial court's refusal to give jury instructions regarding specific lesser included offenses. The judge refused to give those instructions because appellant could not be convicted of them because the statute of limitations had run on those crimes. Appellant did not waive his right under the statute of limitations...

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