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GARCIA v. STATE

No. 2D05-4646.

976 So.2d 676 (2008)

Rolando GARCIA, Doc #748408, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 19, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Christopher Desrochers, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, and Ha Dao, Assistant Attorney General (substituted as counsel of record), Tampa, for Appellee.

SALCINES, Judge.

Rolando Garcia timely appeals his conviction for capital sexual battery. We affirm.

Garcia was charged with capital sexual battery by a person at least eighteen years of age on a child less than twelve years of age for a single offense that occurred sometime between July 11 and July 31, 2004. See § 794.011(2)(a), Fla. Stat. (2004). The information alleged that Garcia "did while being eighteen (18) years of age or older, commit...

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