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FULGHAM v. STATE

No. 1D99-3502.

772 So.2d 605 (2000)

Randy Lee FULGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 6, 2000.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, and Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Bureau Chief, Criminal Appeals, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Randy Lee Fulgham was convicted of four counts of battery and one count of an unnatural and lascivious act. On appeal, the state concedes that Mr. Fulgham's sentence of eleven months and twenty-nine days for the latter count, a second-degree misdemeanor, exceeds the statutory maximum of sixty days. Accordingly, we vacate Mr. Fulgham's sentence for the count of an unnatural and lascivious act and remand to the trial court for a sentence not exceeding the...

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