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STATE v. BRABSON

No. 2D07-5619.

7 So.3d 1119 (2008)

The STATE of Florida, Appellant, v. Kimberly BRABSON, III, Appellee.

District Court of Appeal of Florida, Second District.

December 24, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Elba Caridad Martin, Assistant Attorney General, Tampa, for appellant.

Kynes, Markman & Felman and James E. Felman and Katherine Earle Yanes, Tampa, for appellee.

Before GERSTEN, GREEN, and CORTIÑAS, Associate Judges.

CORTIÑAS, J.

We review the trial court's order granting the defendant's motion to dismiss nineteen counts of the information against Kimberly Brabson, III. Those counts charged the defendant, Brabson, with promotion of a sexual performance by a child, in violation of section 827.071(3), Florida Statutes (2007). We reverse because, under the facts of this case, the determination of whether a particular performance constitutes "actual lewd exhibition of the genitals...

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