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BREITBERG v. STATE

No. 4D01-2464.

855 So.2d 265 (2003)

Murray BREITBERG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 1, 2003.

Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Murray Breitberg was charged with five counts of capital sexual battery, and one count of indecent assault. He was found guilty as charged on all six counts after a jury trial. We find Breitberg's first two issues on appeal unpersuasive and therefore affirm his conviction. However, as both parties concede, Breitberg's fifteen-year sentence on Count VI, indecent assault, was an improper departure sentence without written reason. "The facts supporting the...

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