District Court of Appeal of Florida November 2, 1982, No. 81-1832 (Gonzalez v. State)

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United States · · · 02-11-1982

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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