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ROBERTS v. STATE

No. 96-1041.

687 So.2d 959 (1997)

Ralph R. ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 14, 1997.

Attorney(s) appearing for the Case

James G. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The issue in this case is whether one who is convicted of sexual battery under section 794.011(8)(b), Florida Statutes (1995):

794.011 Sexual battery.— * * * (8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

* * *

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