HOLLAND v. STATE

No. 2D05-4363.

953 So.2d 19 (2007)

Gregory Dean HOLLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 17, 2007.


Attorney(s) appearing for the Case

Stephen M. Grogoza, Naples, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Gregory Dean Holland appeals his judgments and sentences for nine counts of lewd or lascivious battery on a child twelve years of age or older, but less than sixteen. We affirm the judgments, but reverse the sentences. The trial court incorrectly concluded that it had no discretion to impose a downward departure sentence in this case. Although the trial court had the option not to exercise its discretion, it did have discretion to impose a downward...

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