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MARRA v. STATE

No. 5D06-3596.

970 So.2d 475 (2007)

Michael Joseph MARRA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 14, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Brigid E. Collins, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

Marra appeals his conviction for lewd and lascivious conduct regarding a minor. Of the six issues Marra raises on appeal, we find one that merits discussion and reversal.

Marra was charged by information with capital sexual battery on E.R. (Count I), lewd and lascivious molestation of A.S. (Count II), and lewd and lascivious conduct regarding A.S. (Count III). The jury found Marra not guilty on Count I...

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