SANDOVAL v. STATE

No. 2D03-1347.

884 So.2d 214 (2004)

Vincente SANDOVAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 30, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Vincente Sandoval, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Vincente Sandoval, convicted of capital sexual battery, was sentenced without the assistance of counsel or a valid waiver of his right to counsel. For this reason, we reverse his sentence and remand for resentencing.

Approximately eighteen years after the fact, Sandoval's great nephew accused Sandoval of fondling him when the nephew was seven years old. Based on the nephew's testimony at trial, the jury convicted Sandoval of capital sexual...

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