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CANO v. STATE

No. 1D11-5567.

95 So.3d 476 (2012)

Jose Rene CANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 31, 2012.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Maria Ines Suber , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Giselle Denise Lylen , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We affirm Appellant's convictions and sentences for lewd and lascivious molestation (Count 1) and sexual battery (Count 3). We reverse Appellant's conviction and sentence for sexual battery (Count 2). As the State concedes, its evidence was insufficient to support that conviction. See Beber v. State, 887 So.2d 1248 (Fla.2004).

AFFIRMED in part and REVERSED in part.

DAVIS, CLARK, and MARSTILLER...

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