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SMITH v. STATE

No. 5D13-2912.

139 So.3d 369 (2014)

Keith SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing and Rehearing En Banc Denied June 6, 2014.

Attorney(s) appearing for the Case

David W. Collins , of Collins Law Firm, Monticello, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See McDonald v. State, 15 So.3d 695 (Fla. 5th DCA 2009) (holding defendant who entered an open plea to lewd or lascivious molestation was not entitled to be sentenced under most lenient version of section 800.04, Florida Statutes, in effect during multi-year period alleged in information where there was ample evidence that defendant molested child victim when...

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