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STATE v. CHAVES-MENDEZ

No. 5D01-1996.

809 So.2d 910 (2002)

STATE of Florida, Appellant, v. Jorge CHAVES-MENDEZ, Appellee.

District Court of Appeal of Florida, Fifth District.

March 15, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela Koller, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee.

PALMER, J.

The State appeals the sentences imposed by the trial court on Jorge Chaves Mendez ("defendant")1. We reverse.

The defendant was charged by two count information with committing the crimes of capital sexual battery on a person less than 12 years of age, and lewd and lascivious molestation.2 When the case was called for trial, the trial court sua sponte initiated plea negotiations with...

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