5D01-1996 State v. Chaves-Mendez

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1996

Case Date: 03/11/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 STATE OF FLORIDA, Appellant, v. Case No. 5D01-1996 JORGE CHAVES-MENDEZ, Appellee. / Opinion filed March 15, 2002 Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. Robert A. Butterworth, Attorney General, Tallahassee, and Pamela Koller, Assistant Attorney General, Daytona Beach, for Appellant. James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee. PALMER, J. The State appeals the sentences imposed by the trial court on Jorge Chaves-Mendez ("defendant")1. We reverse. The defendant was charged by two count information with committing the crimes of capital sexual battery on a person less than 12 years of age, and lewd and lascivious molestation.2 When the

See Fla. R. App. P. 9.140(c)(1)(J)(authorizing the State to appeal an order imposing an unlawful or illegal sentence, or imposing a sentence outside the range permitted by sentencing guidelines).
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