McMILLAN v. STATE

No. 2D03-970.

896 So.2d 873 (2005)

Charles Michael McMILLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 31, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Sarah E. Warren, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Charles McMillan appeals his conviction and sentence for promoting a sexual performance by a child, in violation of section 827.071(3), Florida Statutes (1999). We affirm the conviction but reverse and remand for resentencing.

McMillan argues first that the trial court erred in denying his motion for a continuance charged to the State. We conclude that the trial court did not abuse its discretion in denying the motion and, therefore, affirm...

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