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APONTE v. STATE

No. 4D01-2476.

810 So.2d 1008 (2002)

Fernando L. APONTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 6, 2002.

Attorney(s) appearing for the Case

Fernando L. Aponte, Polk City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.

HAZOURI, J.

Fernando Aponte pled nolo contendre to two counts of lewd, lascivious or indecent acts upon a minor and was sentenced on May 5, 1998. The plea agreement called for a downward departure sentence of probation. Victim injury points were not assessed because of the agreement for the downward departure sentence.

After Aponte violated probation, the trial court revoked his probation and sentenced him to nine years and eight months in the Department of...

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