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KITTS v. STATE

No. 5D98-2957.

766 So.2d 1067 (2000)

Robert L. KITTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Granting Certification August 31, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Stephen H. Park and John M. Selden, Assistant Public Defenders, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING EN BANC

DAUKSCH, J.

We have considered this matter en banc upon the motion of appellant. We withdraw the previous opinion and issue the following in its stead.

This is an appeal from a conviction and sentence in a lewd and lascivious act on a child case. The statute reads "A person who ... Handles, fondles, or assaults any child under the age of 16 years in a lewd...

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