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HORNE v. STATE

No. 2D02-2572.

846 So.2d 646 (2003)

Robert HORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 30, 2003.

Attorney(s) appearing for the Case

John E. Kirkland, of the Law Offices of Gil Colon, Jr. & Associates, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

THREADGILL, EDWARD F., Senior Judge.

Robert K. Horne challenges his two convictions for soliciting his son, who was under the age of eighteen, to engage in sexual acts with Horne's wife. He also challenges his conviction for committing a lewd and lascivious act in the presence of his son. Finally, he challenges his guidelines departure sentence. We reverse in part and affirm in part.

The State charged Horne by second...

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