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STATE v. BOUCHILLON

No. 4D03-682.

882 So.2d 412 (2004)

STATE of Florida, Appellant, v. Lance BOUCHILLON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 11, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellant.

Michael J. Rocque and Monica L. Sherman, Fort Lauderdale, for appellee.

PER CURIAM.

The State appeals the trial court's failure to sentence Lance Bouchillon as a sexual predator. We affirm because we find that Bouchillon does not meet the criteria for sentencing under the Sexual Predators Act.

Bouchillon pled no contest to the charge of lewd or lascivious battery. At the sentencing hearing, the trial court found that the Sexual Predators Act, section 775.21, Florida Statues, did not apply to Bouchillon as he was being sentenced...

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