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STATE v. HARRINGTON

No. 5D01-2723.

838 So.2d 1230 (2003)

STATE of Florida, Appellant, v. James HARRINGTON, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellee.

ORFINGER, J.

The State of Florida appeals the trial court's order granting James Harrington's renewed motion for judgment of acquittal after the jury found him guilty of attempted lewd or lascivious battery. We reverse.

Harrington was charged with one count of lewd or lascivious battery1 stemming from an incident involving K.E., who at the time was under the age of 16. At his trial, K.E.'s mother testified that she chaperoned a...

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