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WATKINS v. STATE

No. 1D09-2332.

48 So.3d 883 (2010)

Kevin WATKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 29, 2010.

Attorney(s) appearing for the Case

William Mallory Kent of the Law Office of William Kent, Jacksonville, for Appellant.

Bill McCollum , Attorney General, and Jennifer J. Moore , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Kevin Watkins appeals his convictions and sentences for two counts of sexual battery by a person with familial authority when the victim was between 12 and 18 years old, under section 794.011(8)(b), Florida Statutes. We reject appellant's first two arguments and affirm the conviction and sentence for Count I, but we reverse the conviction and sentence for Count II, because the state failed to prove anal penetration.1

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