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AGUIAR v. STATE

No. 93-1062.

633 So.2d 557 (1994)

Lazaro Miguel AGUIAR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 15, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Fleur J. Lobree, Asst. Atty. Gen., for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.

LEVY, Judge.

Lazaro Miguel Aguiar, the defendant, appeals the denial of his Rule 3.850 motion to vacate his sentence which was imposed in absentia. We affirm based upon our finding that the defendant waived his right to be present at sentencing by reason of his voluntary absence.

The defendant was arrested and charged with nineteen counts of lewd assault, and three counts of capital sexual battery. At the defendant...

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