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ALSFIELD v. STATE

No. 4D08-1701.

22 So.3d 619 (2009)

Frank ALSFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 30, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

POLEN, J.

We deny appellee's motion for rehearing, but correct some factual misstatements in our prior opinion and substitute the following for our slip opinion of July 8, 2009.

Appellant Frank Alsfield was charged by information with one count of sexual battery upon VH, a person older than twelve years of age, when she was physically helpless to resist. The State filed its notice...

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