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JOHNS v. STATE

No. 98-03908.

750 So.2d 62 (1999)

Garrett JOHNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 8, 1999.

Attorney(s) appearing for the Case

Nick J. Sinardi, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Garrett Johns appeals his conviction and sentence for sexual battery. He first contends that the State failed to present sufficient evidence to prove a prima facie case, and, second, that the trial court erred in concluding it had no sentencing discretion. As to the first issue we affirm, finding that the State presented a prima facie case. However, Mr. Johns raises a meritorious sentencing issue and we reverse as to that issue only.

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