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STATE v. MENDOZA

No. 95-03792.

705 So.2d 1056 (1998)

STATE of Florida, Appellant, v. Carlos R. MENDOZA, Appellee.

District Court of Appeal of Florida, Second District.

February 13, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellee.

PATTERSON, Judge.

The State appeals from the downward departure sentence imposed upon Carlos Mendoza. We affirm Mendoza's conviction and approve the downward departure, but we remand to the trial court for resentencing and for the correction of a scrivener's error in the judgment. The judgment states that Mendoza was guilty of capital sexual battery, rather than sexual battery by a person less than eighteen upon a person less than twelve, a life felony. In addition...

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