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TULIER v. STATE

No. 2D13-2098.

147 So.3d 1037 (2014)

Roberto TULIER, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

August 20, 2014.

Attorney(s) appearing for the Case

Kepler B. Funk , Keith F. Szachacz , and Alan S. Diamond of Funk, Szachacz & Diamond, LLC, Melbourne, for Appellant/Cross-Appellee.

Pamela Jo Bondi , Attorney General, Tallahassee, and Peter Koclanes , Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.

DAVIS, Chief Judge.

Roberto Tulier challenges his convictions and sentences for aggravated assault and attempted sexual activity with a minor. He was convicted by a jury, and the trial court sentenced him to 180 days' county jail to be followed by four years' sex offender probation. The State cross-appeals, arguing that the trial court improperly included a jury instruction for an offense that was not charged in the information and was not a lesser-included offense...

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