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RUIZ v. STATE

No. 3D99-3187.

841 So.2d 468 (2002)

Roberto RUIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 13, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and May L. Cain, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH, and FLETCHER, JJ.

ON REHEARING DENIED

FLETCHER, Judge.

We deny the motion for rehearing herein. However, we withdraw our prior opinion of June 20, 2001 and substitute the following opinion:

Roberto Ruiz was charged by information with two counts of sexual battery, burglary of an occupied dwelling with intent to commit an offense therein, and kidnaping with intent to commit or facilitate the sexual battery. The court denied defense motions for judgment of acquittal...

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