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GUTIERREZ v. STATE

No. 5D12-3461.

133 So.3d 1125 (2014)

Rafael Alexander GUTIERREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 21, 2014.

Attorney(s) appearing for the Case

Terrence E. Kehoe , of Law Office of Terrence E. Kehoe, Orlando, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellee.

BERGER, J.

Rafael Alexander Gutierrez appeals the judgment and sentence entered after a jury found him guilty of sexual battery, pursuant to section 794.011(5), Florida Statutes (2010). He raises three issues on appeal, only one of which merits discussion. Gutierrez argues the trial court erred when it granted the State's request for a special jury instruction informing the jury that a sexual battery victim's testimony need not be corroborated. While we agree it was...

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