
    STATE of Florida, Appellant, v. Paul Victor DEBIANCHI, Appellee.
    No. 87-2935.
    District Court of Appeal of Florida, Fourth District.
    March 1, 1989.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellant.
    Richard G. Lubin of Lubin and Minch-berg, P.A., West Palm Beach, for appellee.
   PER CURIAM.

We affirm dismissal of the indictment charging appellee with nine counts of capital sexual battery, finding that it is so vague, indistinct and indefinite as to mislead appellee and embarrass him in the preparation of his defense and to expose him to the possibility of a second prosecution for the same offense.

Our affirmance is without prejudice to the state, unless otherwise prevented from doing so, to obtain a new indictment based upon more certain time periods for commission of the various offenses.

AFFIRMED.

HERSEY, C.J., and GUNTHER, J., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge,

concurring specially.

I agree that the trial court’s action was within the discretion outlined in Knight v. State, 506 So.2d 1182 (Fla. 5th DCA 1987) and State v. Garcia, 511 So.2d 714 (Fla. 2d DCA 1987).  