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EATON v. STATE

No. 1D04-3347.

908 So.2d 1164 (2005)

Clayton EATON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 23, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Janice G. Scott, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, appellant seeks review of one of two convictions for sexual battery on a child at least 12 years of age but less than 18 years of age by a person in a position of familial or custodial authority. He claims that the trial court committed fundamental error by instructing the jury that it could convict him of sexual battery by finding sexual union or penetration when the information alleged only sexual penetration...

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