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FINERSON v. STATE

No. 93-215.

623 So.2d 872 (1993)

Edward FINERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 24, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

GRIFFIN, Judge.

Appellant's judgment and sentence for attempted sexual battery are affirmed; however, as the state properly acknowledges, the sentence imposed for the offense of lewd act upon a child exceeds the statutory maximum. The sentence is vacated and the cause remanded for resentencing.

COBB and PETERSON...

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