RIVERA v. STATE

No. 4D00-515.

786 So.2d 1277 (2001)

George RIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


MIHOK, A. THOMAS, Associate Judge.

Appellant, George Rivera, was found guilty of six counts of sexual activity with a child while exercising familial or custodial authority for incidents that took place between May 14, 1996, and August 21, 1998. Rivera challenges both his conviction, alleging that the trial judge erred in denying his special jury instruction, and his 1995 guideline sentence. We affirm Rivera's conviction but reverse and remand for resentencing.

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