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CUEVAS v. STATE

No. 4D99-3926.

770 So.2d 703 (2000)

Johanne CUEVAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 28, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Johanna Cuevas pled guilty to felony battery, a third degree felony. Because it was a hate crime, the charge was enhanced to a second degree felony and she was sentenced to ten years in prison. She then moved to withdraw her plea on the grounds that she did not know that she was pleading to a hate crime. The court denied her motion. She then appealed on the ground that she was sentenced for a crime that was never charged, or alternatively that there was...

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