COLE v. STATE

No. 1D05-3071.

941 So.2d 549 (2006)

Gerald Kenneth COLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 15, 2006.


Attorney(s) appearing for the Case

Dale C. Carson, Jacksonville, for Appellant.

Charlie Crist, Attorney General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

The appellant challenges an order denying his petition to seal criminal records. He claims the trial court abused its discretion by denying his petition to seal. We agree and hold that the trial court abused its discretion by denying the appellant's petition to seal without hearing evidence on the issue or providing a reason based on the facts and circumstances for its denial.

The appellant was charged with lewd or lascivious molestation. Following...

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