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MADREY v. STATE

No. 91-497.

594 So.2d 841 (1992)

Marvin MADREY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 28, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

Appellant appeals his judgments of guilt and sentence which were imposed by the trial court after a jury found him guilty of two counts of committing an indecent assault upon a child under the age of 16.1 We find no merit in the challenges raised to appellant's conviction; however, the trial court did err in imposing sentence and, therefore, we must vacate appellant's sentence and remand this cause for resentencing.<...

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