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ADAWAY v. STATE

No. 3D02-1907.

864 So.2d 36 (2003)

Darrick T. ADAWAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 23, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE, GREEN and FLETCHER, JJ.

PER CURIAM.

Darrick T. Adaway appeals his life sentence without parole for capital sexual battery on a minor. He contends that as applied to his case, the life sentence amounts to cruel and unusual punishment. We affirm.

At the time of the events at issue defendant was thirty-six years of age and the victim was eleven.1 The defendant was charged in Count I with capital sexual battery "by placing his mouth in union with the vagina...

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