STATE v. HARRELL

No. 96-02038.

691 So.2d 46 (1997)

STATE of Florida, Appellant, v. John Earl HARRELL, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Tracy L. Martinell, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellee.


PER CURIAM.

The state appeals the appellant's sentence of one year of community control followed by two years' probation, which was the result of a court-induced plea. The appellant pleaded guilty to a lewd and lascivious act in the presence of a child under sixteen under section 800.04(3), Florida Statutes (1995), in exchange for a sentence of substantial departure. We reverse and remand for resentencing within the guidelines.

The record reflects that the...

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