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STATE v. HAMNER

Nos. 4D05-1498, 4D05-1549.

942 So.2d 433 (2006)

STATE of Florida, Appellant, v. John Dean HAMNER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 11, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for State of Florida.

Scott I. Suskauer of The Suskauer Law Firm, P.A., West Palm Beach, for John Dean Hamner.

SHAHOOD, J.

John Dean Hamner was found guilty by a jury of one count of sexual battery without physical force. At sentencing, the trial court found that the offense was committed in an unsophisticated manner and was an isolated incident for which Hamner had shown remorse. The trial court imposed a downward departure sentence of thirty months in the Department of Corrections, followed by three years probation with no special conditions. The State appeals the trial...

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