
    Rudolph CADY, Petitioner, v. STATE of Florida, Respondent.
    No. 1D00-3135.
    District Court of Appeal of Florida, First District.
    April 5, 2001.
    
      John F. Daniel, Daniel & Komarek, Chartered, Panama City, for Petitioner.
    Robert A. Butterworth, Attorney General, Thomas H. Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, and Mark E. Graham, Assistant State Attorney, Panama City, for Respondent.
   PER CURIAM.

We agree that the Petitioner should not be retried for the lewd and lascivious charge because it would violate double jeopardy. However, we conclude that Petitioner may be retried for sexual battery without violating double jeopardy.

Granted in part and remanded for further proceedings.

BENTON, PADOVANO and POLSTON, JJ., concur.  