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DUVAL v. STATE

No. 87-1740.

539 So.2d 15 (1989)

William W. DUVAL, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 1, 1989.

Attorney(s) appearing for the Case

Frank Ragano of Frank Ragano, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

Duval appeals his resentencing for sexual battery. Because this case is controlled by Smith v. State, 536 So.2d 1021 (Fla. 1988), we reverse and remand for resentencing.

In Duval v. State, 500 So.2d 570 (Fla. 2d DCA 1986), this court affirmed the defendant's conviction for sexual battery. This court, however, reversed his departure sentence of forty years...

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