INCLIMA v. STATE

No. 89-2068.

570 So.2d 1034 (1990)

Luke INCLIMA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 21, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

Pursuant to a plea bargain, defendant was sentenced to twelve years incarceration followed by eight years probation for each of five counts, including one count of sexual battery, a first degree felony, two counts of lewd assault and two counts of committing lewd acts in the presence of a child, all second degree felonies. The statutory maximum sentence for a second degree felony is fifteen years, § 775.082(3)(c), Fla. Stat. (1989). Therefore...

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