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CARTER v. STATE

No. 85-562.

483 So.2d 740 (1986)

Oscar Kay CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Question Certified on Denial of Rehearing March 6, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

The defendant appeals from his conviction on four counts of attempted sexual battery and one count of committing a lewd and lascivious act in the presence of a child, and from his sentences imposed as a result. We affirm the convictions, but vacate the sentences and remand for resentencing.

There is no merit to appellant's contention that the original charges of sexual battery upon a person 11 years...

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