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856 So. 2d 1108

Baldwin v. State

District Court of Appeal of Florida

Decided October 22, 2003

District Court of Appeal of Florida · decided 2003-10-22

Decided 2003-10-22

PER CURIAM.

¶1Joshua L. Baldwin appeals the sentences imposed following his plea of no contest to two counts of lewd and lascivious molestation. The appellant correctly contends that his concurrent sentences of 12 years’ state prison, followed by 10 years sex offender probation, for each count, are in excess of the 15-year statutory maximum. In accordance with the state’s concession of error, we reverse the appellant’s sentences and remand for resentencing within the permissible range under the Criminal Punishment Code.

¶2On remand, the trial court may consider any appropriate argument, including the appellant’s argument that victim injury points should not be scored for penetration.

¶3Reversed and Remanded.

BENTON, PADOVANO and BROWNING, JJ„ concur.
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