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WILLIAMS v. STATE

No. 2D04-3336.

922 So.2d 418 (2006)

Jackie Cornelius WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 10, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

The State charged that Jackie Williams committed sexual battery on a person twelve years of age or older but less than sixteen years of age and that he used or threatened to use a deadly weapon or used actual physical force likely to cause serious personal injury. § 794.011(3), Fla. Stat. (2002). During the charge conference at Williams's trial, the State sought an instruction that lewd or lascivious battery, § 800.04(4), Fla. Stat. (2002...

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