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TYRRELL v. STATE

No. 4D05-183.

975 So.2d 615 (2008)

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

District Court of Appeal of Florida, Fourth District.

March 5, 2008.

Attorney(s) appearing for the Case

Leah H. Mayersohn, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

James Tyrrell appeals his conviction of misdemeanor battery. Originally he was charged with three counts of sexual battery on a person twelve years of age or older, all second degree felonies. See § 794.011(5), Fla. Stat. (2003). Before trial, the state made a plea offer of community control and probation. The court explained to the defendant that he faced 45 years in prison, with 22 years being the bottom of the sentencing guidelines. Tyrrell...

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