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STATE v. BOLTON

No. 5D03-4149.

896 So.2d 970 (2005)

STATE of Florida, Appellant, v. Michael Paul BOLTON, Appellee.

District Court of Appeal of Florida, Fifth District.

April 1, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellee.

PETERSON, J.

The State of Florida appeals the downward departure sentence imposed upon Michael Paul Bolton, 21 years of age, for one count of lewd and lascivious battery by having "consensual" sexual intercourse with a 15-year old girl. He repeated the crime with another 15-year old girl while he was on pre-trial release for the first crime.

After pleading guilty to both charges, he was sentenced downward to 365 days in the county jail followed by 10 years...

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