LEMOINE v. STATE

No. 5D04-1022.

898 So.2d 1158 (2005)

Donald E. LEMOINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 1, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


PALMER, J.

Donald E. Lemoine (defendant) appeals his sentence. Based on the State's concession of error, we vacate the defendant's sentence and remand for resentencing.

The defendant entered pleas to the charges of engaging in sexual activity with a child and lewd and lascivious assault upon a child, and he was placed on probation therefor. He subsequently violated the terms of his probation and, as a result, the trial court sentenced him to a term of 17 years...

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