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STATE v. STONE

Nos. 95-2253, 95-2515.

677 So.2d 982 (1996)

STATE of Florida, Appellant/Cross-Appellee, v. Jimmy Don STONE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

August 9, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona, for Appellee/Cross-Appellant.

COBB, Judge.

The state appeals from a final order granting the defendant's motion to strike scoresheet and vacating two of the defendant's convictions for lewd and lascivious assault upon a child. The defendant cross-appeals a sentencing issue.

By second amended information, the defendant was charged with two counts of capital sexual battery, section 794.011(2), Florida Statutes, and two counts of lewd and lascivious assault upon a child, section 800.04(1...

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