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SCHIMELE v. STATE

No. 4D00-2866.

784 So.2d 591 (2001)

Jana SCHIMELE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 16, 2001.

Attorney(s) appearing for the Case

Kenneth G. Spillias of Lewis, Longman & Walker, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, J.

Defendant was charged with sexual battery on a mentally defective person. After a nonjury trial she was found guilty as charged.1 On appeal she argues that there is no evidence that the victim was mentally defective. We disagree and affirm.

Before we discuss the evidence, we must first bear in mind the precise crime charged and two definitions from the sexual battery statute. The crime is found in section 794.011(4)...

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