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JENNINGS v. STATE

No. 2D04-1657.

920 So.2d 32 (2005)

Michael L. JENNINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 14, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Michael Jennings was convicted of lewd and lascivious molestation of a disabled person in violation of section 825.1025(3)(a), Florida Statutes (2001). He contends that his trial was tainted in various ways by fundamental errors and ineffectiveness of counsel. We find merit in Jennings's argument that the jury instructions were fundamentally defective with respect to a crucial element of the crime charged...

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