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PITTMAN v. STATE

No. 3D07-2524.

22 So.3d 859 (2009)

James PITTMAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 9, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Robert Kalter and Jessica Zagier Wallace, Assistant Public Defenders, for appellant.

Bill McCollum, Attorney General, and Lane Hodes, Assistant Attorney General, for appellee.

Before GERSTEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

ON MOTION FOR REHEARING

SHEPHERD, J.

On consideration of the State's motion for rehearing and motion for rehearing en banc, this Court grants the motion for rehearing, withdraws its previous opinion, and substitutes the following opinion.

Appellant, James Pittman, seeks review of a jury verdict finding him guilty of lewd or lascivious battery, § 800.04(4)(a), Fla. Stat. (2006), as a lesser included offense of the primary charge of sexual...

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