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Florida District Courts of Appeal, 1982

Gonzalez v. State

Gonzalez v. State
Florida District Courts of Appeal · Decided November 2, 1982 · Baskin, Ferguson, Schwartz
421 So. 2d 662; 1982 Fla. App. LEXIS 28168 (Southern Reporter, Second Series)

Gonzalez v. State

Opinion of the Court

PER CURIAM.

We affirm the convictions for sexual battery and for aggravated battery but vacate the sentence for aggravated battery, upon a finding that the allegations and the proof pertaining to aggravated battery are included within the sexual battery with force charge. Brown v. State, 206 So.2d 377 (Fla. 1968); see Falstreau v. State, 326 So.2d 194 (Fla. 4th DCA 1976).

Affirmed as modified.

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