JOSE RENE CANO, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSE RENE CANO, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-5567 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 31, 2012. An appeal from the Circuit Court for Escambia County. Terry D. Terrell, Judge. Nancy A. Daniels, Public Defender, and Maria Ines Suber, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm Appellant s convictions and sentences for lewd and lascivious molestation (Count 1) and sexual battery (Count 3). We reverse Appellant s conviction and sentence for sexual battery (Count 2). As the State concedes, its evidence was insufficient to support that conviction. See Beber v. State, 887 So. 2d 1248 (Fla. 2004). AFFIRMED in part and REVERSED in part. DAVIS, CLARK, and MARSTILLER, JJ., CONCUR. 2

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