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PADILLA v. STATE

No. 3D05-424.

905 So.2d 217 (2005)

Silvio Andres PADILLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 11, 2005.

Attorney(s) appearing for the Case

Silvio Andres Padilla, in proper person.

Charles J. Crist, Jr., Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

ROTHENBERG, Judge.

The defendant, Silvio Padilla ("Padilla"), was charged in count I with lewd fondling, a second degree felony, and in counts II and III with sexual battery upon a physically helpless victim, which are first degree felonies. On July 1, 1999, Padilla was convicted of lewd fondling in count I and was convicted in counts II and III, to the reduced charges of sexual battery, second degree felonies. He was subsequently sentenced pursuant to the guidelines...

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