CRUZ v. STATE

No. 95-0129.

677 So.2d 365 (1996)

Porfirio CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 20, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee; and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Porfirio Cruz appeals his convictions and sentence for sexual battery and stalking (misdemeanor). We are unpersuaded by the arguments directed to the convictions, and therefore affirm. We reverse and remand, however, as to the trial court's departure from the guidelines in sentencing appellant.

The victim of appellant's offense was his estranged wife. The parties' two-year-old son was in the residence at the time the rape occurred, but there is...

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