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JANO v. STATE

No. 89-0746.

559 So.2d 1270 (1990)

Bret JANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 23, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

GARRETT, Judge.

Appellant seeks review of his sentence for lewd and lascivious assault.

In 1984 appellant was convicted of capital sexual battery of his then two and a half year old daughter and sentenced to life in prison. He appealed, and this court reversed his conviction and sentence.1 Appellant had been jailed for five years and eight months. On remand, the state nolle prossed the sexual battery charge and refiled a lewd and...

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