STATE v. ROBERSON

No. 5D04-636.

888 So.2d 727 (2004)

STATE of Florida, Appellant, v. Kevin ROBERSON, Appellee.

District Court of Appeal of Florida, Fifth District.

December 10, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellant.

Vincent W. Howard, Jr., of Howard & Reyes, Chartered, Sanford, for Appellee.


ORFINGER, J.

The State of Florida appeals the trial court's order dismissing and consolidating counts 2 and 3 of the amended information filed against Kevin Roberson. We reverse and remand for further proceedings.

Roberson was charged by amended information with one count of Lewd or Lascivious Battery (count 1), and two counts of Lewd or Lascivious Molestation (counts 2 and 3). Count 2 alleged that Roberson:

then being 18 years of age or older, did...

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