SOTO v. STATE

No. 2D22-1764.

377 So.3d 1232 (2024)

Eliseo SOTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 19, 2024.


Attorney(s) appearing for the Case

Wade M. Whidden of Whidden Johnson, P.L., Tampa, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Natalia Reyna-Pimiento , Assistant Attorney General, Tampa, for Appellee.


Eliseo Soto appeals from his judgment and sentence for sexual battery. On the issues preserved and raised by Soto, we affirm his conviction but reverse his sentence.

Soto raises two sentence-related issues, one of which requires reversal. The supreme court has stated that "consideration... of the defendant's failure to accept...

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