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STATE v. POWELL

No. 95-04395.

696 So.2d 789 (1997)

STATE of Florida, Appellant, v. Noah POWELL, III, Appellee.

District Court of Appeal of Florida, Second District.

February 5, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellant.

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

ALTENBERND, Judge.

The state appeals the sentence imposed on Noah Powell, III. We affirm the sentence, even though it is a conditional suspended sentence that would be an illegal sentence in the Fifth District. See, e.g., Warrington v. State, 660 So.2d 385 (Fla. 5th DCA 1995).

The state charged Mr. Powell with sexual battery for an incident occurring on May 17, 1995. On that evening he went to the home of his ex-girlfriend...

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