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BANKS v. STATE

No. 4D05-2639.

941 So.2d 447 (2006)

Jimmie Lee BANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 29, 2006.

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 Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

GUNTHER and FARMER, JJ., concur.

GROSS, J., concurs specially with opinion.

GROSS, J., concurring specially.

I concur in affirming appellant's conviction. When the jury posed a question, defense counsel asked the judge to respond by re-reading the standard charge on sexual battery involving no physical force. The judge did so. Now, appellant argues that the re-reading of the standard instruction was fundamental...

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