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626 So. 2d 1124

Seitz v. State

District Court of Appeal of Florida

Decided December 3, 1993

District Court of Appeal of Florida · decided 1993-12-03

Relies on Seabrook v. State · 619 So. 2d 418 - Jones v. State

Decided 1993-12-03

PER CURIAM.

¶1We have considered the issues raised by appellant, Gerald D. Seitz, and we find them to be without merit. We, thus, affirm his convictions and sentences. However, we certify to the Florida Supreme Court the same issue which we certified in Jones v. State, 619 So.2d 418 (Fla. 5th DCA 1993), review granted, 629 So.2d 133 (Fla.1993); namely, whether the constitutional right to privacy renders unconstitutional that portion of section 800.-04, Florida Statutes which provides that consent is not a defense to a prosecution for sexual activity with a minor under age sixteen.

¶2AFFIRMED.

COBB, W. SHARP and DIAMANTIS, JJ., concur.
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