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DANIELS v. STATE

No. 1D04-0147.

929 So.2d 710 (2006)

James DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 25, 2006.

Attorney(s) appearing for the Case

Robert Augustus Harper and Robert Augustus Harper, III, of Harper & Harper Law Firm, P.A., Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Appellant seeks review of his convictions and sentences in circuit court case number 02-0759. For the reasons stated below, we affirm the convictions, reverse the sentences, and remand for resentencing.

Appellant was charged in Gadsden County, in circuit court case number 02-0759, with six counts of sexual crimes against his niece. Count I charged sexual battery by a person in familial or custodial authority by "penetration or union," occurring...

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