BURGOS v. STATE

No. 5D01-3074.

816 So.2d 1252 (2002)

Joaquin J. BURGOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 2002.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

Burgos was convicted of lewd and lascivious molestation of a child under twelve. Because the State failed to offer proof of Burgos' age (thirty years old), the court entered a conviction as one for a person under eighteen. This was a second degree felony. The court then sentenced defendant as an habitual violent felony offender to thirty years in prison based on his prior Illinois conviction for "armed violence."1 Appellant...

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