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FREDERIC v. STATE

No. 4D07-2262.

975 So.2d 1264 (2008)

Arsense FREDERIC, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 12, 2008.

Attorney(s) appearing for the Case

Clayton R. Kaeiser, Miami Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

In sentencing appellant on two counts of sexual battery, the trial court relied on a scoresheet calculation which included points for sexual penetration. Appellant claims that the inclusion of these points violated the principle of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d...

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