CARTER v. STATE

No. 95-3411.

687 So.2d 327 (1997)

Eugene M. CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 4, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, convicted by a jury of lewd and lascivious assault upon a child of less than sixteen years of age (section 800.04(1), Florida Statutes), raises two issues on appeal. We find merit in one, and accordingly reverse.

The 13-year-old victim was staying the night at her aunt's four-bedroom apartment. She accused appellant, also a house guest, of entering her room, lying in bed with her, and touching her genitals with his finger. She said she...

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