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WISE v. STATE

No. 2D01-4193.

833 So.2d 882 (2003)

Joseph WISE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 10, 2003.

Attorney(s) appearing for the Case

Robert W. Attridge, Jr., of Attridge, Cohen & Lucas, New Port Richey, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and Katherine V. Blanco, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Joseph Wise challenges his conviction and sentence for lewd and lascivious act in the presence of a child under the age of sixteen. Although Wise raises several issues, because we conclude that the trial court erred in instructing the jury, we reverse without addressing Wise's other arguments.

The information charging Wise stated that he:

knowingly did commit a lewd and lascivious act in the presence of [A.P.], a child under the age...

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