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FIRKEY v. STATE

No. 91-0873.

593 So.2d 1155 (1992)

Lester FIRKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 12, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, 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.

DELL, Judge.

This court reversed appellant's first conviction for sexual battery of a child eleven years of age or younger and on remand directed the trial court to enter judgment for attempted sexual battery of a child eleven years of age or less and to resentence appellant. 557 So.2d 582. The trial court modified the judgment of conviction in accord with this court's direction but departed from the sentencing guidelines when it...

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