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GERARDO v. STATE

No. 79-1033.

383 So.2d 1122 (1980)

Alfred GERARDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 14, 1980.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Acting Chief Judge.

The court consolidated two appeals from final judgments convicting appellant of three counts of sexual battery and two counts of burglary. The appellant assigns as error: 1) the trial court's failure to certify him as a mentally disordered sex offender pursuant to Chapter 917, Florida Statutes (1977); and 2) the trial court's imposition of sentences in excess of the statutory maximum for the three sexual battery charges.

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