STATE v. ERTEL

No. 2D03-2742.

886 So.2d 423 (2004)

STATE of Florida, Appellant/Cross-Appellee, v. Steven ERTEL, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

November 17, 2004.


Attorney(s) appearing for the Case

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

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellee/Cross-Appellant.


DAVIS, Judge.

Following a jury trial, Steven Ertel was convicted of sexual battery and was sentenced to three years in prison, which was a downward departure from the sentence required by the Criminal Punishment Code scoresheet. In this appeal, the State challenges the downward departure sentence, and on cross-appeal, Ertel challenges his conviction. We affirm Ertel's sexual battery conviction and vacate the downward departure sentence.

The State argues that...

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