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LEYVA v. STATE

No. 4D05-1859.

925 So.2d 393 (2006)

Fidel LEYVA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 29, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David Casals, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant, Fidel Leyva, appeals a final order of conviction and sentencing. Leyva was charged with one count of attempted sexual battery on a child under twelve by a perpetrator over 18 years of age, and one count of lewd and lascivious conduct. The incident leading to the two charges took place at Leyva's girlfriend's home, where Leyva also resided, and the victim was her eleven year old daughter. The victim was returning to her room after taking a shower...

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