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NEALY v. STATE

No. 87-244.

518 So.2d 985 (1988)

Anthony Jerome NEALY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 22, 1988.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Sharon Bradley, Asst. Public Defender, for appellant.

Robert Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., for appellee.

MILLS, Judge.

Anthony Jerome Nealy appeals from a sentence of five years' imprisonment, following violation of community control, for attempted lewd and lascivious assault upon a child. Finding Nealy was not given the opportunity to elect to be sentenced pursuant to the sentencing guidelines at the time he was originally sentenced, we vacate the sentence and remand for resentencing.

Nealy was charged in October 1983 with one count of lewd and lascivious assault...

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