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ESTEY v. STATE

Nos. 4D98-1850, 4D98-2336.

751 So.2d 194 (2000)

David H. ESTEY, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm defendant's convictions on three counts of sexual battery on a child under the age of 12 and the resulting life sentences. As to count II, however, we reverse the conviction. There was insufficient evidence to show the commission of a sexual battery during the period encompassed by count II. The grounds for our reversal as to count II necessarily preclude any retrial on this charge.

FARMER, KLEIN and STEVENSON...

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