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SMITH v. STATE

No. 1D18-1661.

299 So.3d 413 (2019)

Gene Truman SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 5, 2019.

Attorney(s) appearing for the Case

Andy Thomas , Public Defender, and Megan Long , Assistant Public Defender, Tallahassee, for Appellant.

Ashley B. Moody , Attorney General, and Daniel Krumbholz , Assistant Attorney General, Tallahassee, for Appellee.

Based on acts involving his biological daughter, Gene Smith was charged with capital sexual battery. Smith waived his right to a jury trial, opting to let a judge decide his guilt or innocence. The judge heard testimony from the victim, who was seven at the time of the conduct and nine by the time of trial. The victim testified that Smith forced...

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