HAWES v. STATE

No. 97-0470.

712 So.2d 834 (1998)

Joseph HAWES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 8, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.


PER CURIAM.

The state concedes that appellant, a juvenile, cannot be convicted of attempted capital sexual battery, which requires the perpetrator to be over the age of eighteen. See § 794.011(2)(a), Fla. Stat. (1995). We therefore reverse appellant's conviction and remand with directions to enter a judgment of guilt for attempted sexual battery and to resentence appellant in accordance with the penalties provided for a second degree felony. See M.J...

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