MOLDEN v. STATE

No. 87-440.

530 So.2d 1000 (1988)

Jimmy Lee MOLDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 24, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Phil Patterson, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Helen P. Nelson, Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

Molden appeals from his upward departure sentence. We reverse and remand for the imposition of a new sentence within the applicable guidelines range.

The defendant was originally charged in a two-count information with: (1) engaging in sexual activity with a child 12 years of age or older, but less than 18 years of age, with whom the defendant stood in a position of familial or custodial authority, contrary to Section 794.041, Florida Statutes...

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