McAFEE v. STATE

No. 80-1440.

405 So.2d 1350 (1981)

John Andrew McAFEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 16, 1981.


Attorney(s) appearing for the Case

Kenneth G. Spillias of Spillias & Mitchell, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

This case involves an appeal from a judgment of guilty of sexual battery entered pursuant to a jury verdict and from a sentence of 30 years.

We have considered appellant's three points on appeal and found possible merit in only one of said points, that having to do with suggested error in the failure of the trial court to consider probation as an alternative sanction to sentencing appellant to a 30 year term of imprisonment. Since the transcript...

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