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PIRES v. STATE

No. 4D01-2527.

866 So.2d 1276 (2004)

Nilson Maia PIRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 10, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of two counts of lewd and lascivious conduct, one (Count I) for touching the breasts, or the clothing covering them, of a person over twelve but less than sixteen years of age, and the other (Count III) for inserting his tongue into the mouth of a person under sixteen years of age. The state concedes that the two convictions violate double jeopardy under the authority of Eaddy v. State, 789 So.2d 1093

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