TOOMER v. STATE

No. Y-505.

332 So.2d 133 (1976)

Silas Wildly TOOMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 24, 1976.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


McCORD, Judge.

Appellant was charged with sexual battery and robbery and was convicted of bare assault (as a lesser included offense of sexual battery) and robbery. He was sentenced to six months imprisonment on the assault conviction and fifteen years for robbery, the sentences to run concurrently. He appeals the conviction and sentence for assault, contending first that the maximum sentence for assault, a second degree misdemeanor, is 60 days imprisonment under...

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