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NICHOLS v. STATE

No. 5D99-1672.

760 So.2d 223 (2000)

Neil A. NICHOLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 7, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant was charged with, and convicted of, three counts of sexual battery. He appeals and we reverse.

The charges arose out of events which occurred in defendant's apartment1 during the early morning hours of April 7, 1998. The prosecuting witness, referred to here as "J", testified that she began dating appellant in February of 1998 after which she would stay at the apartment several times a week, sleeping with...

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