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SPIOCH v. STATE

No. 5D04-2338.

954 So.2d 47 (2007)

Thomas SPIOCH, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 25, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant/Cross/Appellee.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

SAWAYA, J.

Thomas Spioch appeals the order denying in part his rule 3.850 motion alleging ineffective assistance of counsel.1 We affirm in part and reverse in part.

Following a jury trial, Spioch was convicted of four counts of sexual activity with a minor in a custodial relationship, one count of attempted sexual activity with a minor in a custodial relationship, and twenty-three counts...

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