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421 So. 2d 662

Gonzalez v. State

District Court of Appeal of Florida

Decided November 2, 1982

District Court of Appeal of Florida · decided 1982-11-02

Relies on Brown v. State · 326 So. 2d 194 - Falstreau v. State

Decided 1982-11-02

PER CURIAM.

¶1We 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).

¶2Affirmed as modified.

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