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McLEVY v. STATE

No. 1D00-4201.

787 So.2d 194 (2001)

Robert McLEVY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 26, 2001.

Attorney(s) appearing for the Case

Pro se, for Appellant.

Robert A. Butterworth, Attorney General; Janelle C. Gillaspie & Karen M. Holland, Assistant Attorneys General, Tallahassee, for Appellee.

BROWNING, J.

Robert McLevy (Appellant) was convicted in 1998 of four counts of capital sexual battery and was sentenced in Clay County (the Fourth Judicial Circuit). In 2000, while incarcerated in Jackson County, he filed a petition for writ of habeas corpus in the circuit court for Jackson County (the Fourteenth Judicial Circuit) challenging his conviction and sentence on the ground that he had been convicted under a statute he claimed is unconstitutional. The court...

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