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RALLO v. STATE

No. 97-02827

726 So.2d 839 (1999)

Joseph RALLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 5, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Rallo.

Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Joseph Rallo appeals his convictions of two counts of handling and fondling a child under the age of sixteen years and three counts of a lewd and lascivious act in the presence of a child under the age of sixteen years. We agree with Rallo that the trial court erred in denying his motion for judgment of acquittal of count V and in sentencing him as a violent career criminal. We find no merit in his Williams1 Rule...

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