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DONTON v. STATE

No. 1D07-3629.

1 So.3d 1092 (2009)

Lee DONTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 8, 2009.

Attorney(s) appearing for the Case

Daren L. Shippy, of Rose Sundstrom & Bentley, LLP, Tallahassee, for Appellant.

Bill McCollum, Attorney General; and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

A jury found Lee Donton (Appellant) guilty of one count of sexual battery upon a victim with a mental defect, a violation of section 794.011(4)(e), Florida Statutes (2005). In pertinent part, the second amended information charged Appellant with the commission of this crime upon a person (with a mental defect) 12 years of age or older, by penile union with, or penetration of, the victim's anus, sometime between May 24, 2005, and June 23, 2005, in the...

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