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Cano v. State

Citations: 95 So. 3d 476; 2012 Fla. App. LEXIS 14641; 2012 WL 3764499Docket: No. 1D11-5567

Court: District Court of Appeal of Florida; August 31, 2012; Florida; State Appellate Court

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Appellant's convictions and sentences for lewd and lascivious molestation (Count 1) and sexual battery (Count 3) are affirmed. However, the conviction and sentence for sexual battery (Count 2) are reversed due to insufficient evidence, as acknowledged by the State, citing Beber v. State, 887 So.2d 1248 (Fla. 2004). The decision is affirmed in part and reversed in part, with Judges Davis, Clark, and Marstiller concurring.