SIMMONS v. STATE

No. 86-1094.

506 So.2d 101 (1987)

Willie James SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 7, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Simmons appeals his five year sentence imposed for sexual battery1 after violation of probation. We vacate the sentence and remand for resentencing pursuant to the guidelines.2

The record in this case contains numerous errors. The most basic one is that Simmons initially pled guilty to attempted sexual battery,3 not sexual battery. Therefore he could...

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