HERRERA v. STATE

No. 4D03-45.

879 So.2d 38 (2004)

Lazaro HERRERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 24, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


HAZOURI, J.

Lazaro Herrera was charged by Information with sexual battery without the use of physical force and violence likely to cause serious personal injury (Count I) and false imprisonment (Count II). A jury trial was held and the jury found him guilty as charged on Count I, but found him guilty of battery, a lesser included offense, on Count II. Judgment was entered in accordance with the jury verdict and the defendant was sentenced to concurrent sentences....

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