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D'AMBROSIO v. STATE

No. 98-2032.

736 So.2d 44 (1999)

Michael J. D'AMBROSIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 28, 1999.

Attorney(s) appearing for the Case

Law Offices of Steven G. Mason, Orlando, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for appellee.

DAUKSCH, J.

This is an appeal from a conviction for capital sexual battery. The evidence is that appellant raped his daughter numerous times and was charged and convicted of this one rape. Because of his age and her age he was sentenced to life in prison. § 794.011(2)(a), Fla.Stat. (1997).

We most reluctantly reverse the conviction and remand this case for a new trial because of prosecutorial misconduct. In sending the case back for a new trial we note...

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