ASH v. STATE

No. 2D98-2166.

790 So.2d 1130 (2001)

Denzil Keith ASH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 27, 2001.


Attorney(s) appearing for the Case

Cedric P. Hay of Beil & Hay, P.A., Hudson, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Sr. Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Denzil Ash appeals the sentence imposed upon remand from this court, arguing that the sentence exceeded the maximum sentence allowed under the 1987 guidelines. We agree, and the State properly concedes error. Accordingly, we reverse and remand for resentencing.

Ash was originally charged with count one—sexual battery on a child less than twelve years of age, and count two—lewd and lascivious behavior involving a child under sixteen...

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