ESPINOZA v. STATE

No. 3D00-3594.

821 So.2d 379 (2002)

Pedro Pablo ESPINOZA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 10, 2002.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Consuelo Maingot, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN, and GREEN, JJ.


GREEN, J.

Pedro Pablo Espinoza appeals two orders denying his motion to correct illegal sentence made pursuant to Rule 3.800(b), Fla. R.Crim. P. For the reasons which follow, we reverse and remand for re-sentencing.

Espinoza was found guilty in 1997 after a jury trial on two counts of sexual battery by physical force likely to cause serious personal injury, kidnaping and trespass. The date of his commission of these...

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