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PITTMAN v. STATE
State: Florida
Court: Florida Third District Court
Docket No: 07-2524
Case Date: 12/09/2009
Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2009
Opinion filed December 9, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-2524 Lower Tribunal No. 06-8077 ________________

James Pittman,
Appellant, vs.

The State of Florida,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Julio E. Jimenez, Judge. Carlos J. Martinez, Public Defender, and Robert Kalter and Jessica Zagier Wallace, Assistant Public Defenders, for appellant. Bill McCollum, Attorney General, and Lane Hodes, Assistant Attorney General, for appellee.

Before GERSTEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. SHEPHERD, J.

ON MOTION FOR REHEARING On consideration of the State's motion for rehearing and motion for rehearing en banc, this Court grants the motion for rehearing, withdraws its previous opinion, and substitutes the following opinion. Appellant, James Pittman, seeks review of a jury verdict finding him guilty of lewd or lascivious battery,
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