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STERMER v. STATE

No. 89-01898.

567 So.2d 13 (1990)

David Leroy STERMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 27, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant, David Leroy Stermer, challenges his sentences for sexual battery, attempted sexual battery, and kidnapping. We find the trial court erred in sentencing appellant and, accordingly, remand for resentencing.

A jury found appellant guilty of two counts of sexual battery in violation of section 794.011, Florida Statutes (1987), one count of attempted sexual battery in violation of sections 794.011 and 777.04, Florida Statutes (1987), and...

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