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ARENCIBIA v. STATE

Nos. 85-1474, 87-3071.

539 So.2d 531 (1989)

Hector ARENCIBIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 7, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

The appellant was convicted of sexual battery upon his minor child of seven years in violation of section 794.011(2), Florida Statutes (1983). He received a capital life sentence with twenty-five years minimum mandatory. See Section 775.082(1), Florida Statutes (1983). Timely appeal was taken from the conviction and sentence. That appeal was dismissed on February 7, 1986, subject to reinstatement pursuant to Baggett v. Wainwright,

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