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POOLE v. STATE

No. 1D00-1511.

778 So.2d 1048 (2001)

Patrick POOLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 14, 2001.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We reverse and remand this case because the verdict form reflects appellant was charged with committing sexual battery upon a person 12 years of age or older while using or threatening to use a deadly weapon in violation of section 794.011(3), Florida Statutes (1993). However, the trial court instructed the jury on section 794.011(4), Florida Statutes (1993)(sexual battery on a person 12 years of age or older without that person's consent and under specified...

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