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BURGOS v. STATE

No. 94-02373.

667 So.2d 1030 (1996)

Jorge BURGOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 16, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Judge.

Jorge Burgos appeals from convictions of two counts of capital sexual battery on a child less than twelve years of age. He contends that the state failed to prove that the incidents occurred before the victim's twelfth birthday and that the court erred in failing to conduct an adequate Nelson1 inquiry. We reverse and remand for a proper Nelson inquiry and a new trial on count II of the information.

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