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STATE v. GIBSON

No. 89-629.

557 So.2d 929 (1990)

STATE of Florida, Appellant, v. Jerome Allen GIBSON, Appellee.

District Court of Appeal of Florida, Fifth District.

March 8, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellant.

Joseph H. Forbes, P.A., Gainesville, for appellee.

W. SHARP, Judge.

The state appeals from the trial court's order which granted Gibson's 3.850 motion to set aside his judgment and sentence for a lewd and lascivious act on a child under the age of 16,1 a second degree felony. This court previously affirmed his conviction and sentence on appeal. Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988). We find the trial court's order, which granted Gibson...

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