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STATE v. MILNE

No. 5D04-2181.

921 So.2d 792 (2006)

STATE of Florida, Appellant, v. William James MILNE, Appellee.

District Court of Appeal of Florida, Fifth District.

February 24, 2006.

Attorney(s) appearing for the Case

Charles J. Christ, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

Kenneth A. Studstill of Kenneth A. Studstill, P.A., Titusville, for Appellee.

PALMER, J.

The State of Florida appeals the trial court's order granting William Milne's (defendant) motion for postconviction relief. We affirm.

The defendant was convicted of committing the crime of sexual battery with great physical force and false imprisonment. He testified at his trial and admitted having sex with the victim. He claimed, however, that the sex was consensual.

After his conviction, the...

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