NASE v. STATE

No. 96-01999.

746 So.2d 469 (1997)

Michael J. NASE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 12, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Judge.

Appellant was convicted after a jury trial of attempted handling and fondling of a child under sixteen years of age and was sentenced to four years' probation and, as a special condition of that probation, to sixteen months' incarceration. On appeal, he argues that the trial court erred because his sentence exceeds the five-year maximum sentence for the offense for which he was convicted. We agree.

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