LABERGE v. STATE

No. 86-1401.

508 So.2d 416 (1987)

Kevin David LABERGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 11, 1987.


Attorney(s) appearing for the Case

Chandler R. Muller of Muller, Kirkconnell and Lindsey, P.A., Winter Park, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

Defendant, a teacher's aide at a school for mentally and emotionally handicapped children, was convicted by jury of lewd assault (section 800.04, Florida Statutes) upon an eight year old autistic boy child at the school. The recommended guidelines sentence was community control or twelve to thirty months incarceration. The trial court departed from the guidelines recommendation and imposed a $5000 fine, imprisonment for five years plus ten years probation...

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