Posey v. State

District Court of Appeal of Florida

Posey v. State

65 So. 3d 122, 2011 Fla. App. LEXIS 10316, 2011 WL 2578577

District Court of Appeal of Florida·Decided June 30, 2011·No. 1D10-1417·Published

Opinion

PER CURIAM.

Appellant challenges his conviction and sentence for lewd or lascivious molestation pursuant to section 800.04(5), Florida Statutes (2007). Appellant raises a number of issues. We find no merit as to any of the issues related to his conviction. We find merit as to one issue related to sentencing. We determine we are required to quash the sentence and remand for resentencing before a different judge pursuant to the dictates of Jackson v. State, 39 So.3d 427 (Fla. 1st DCA 2010).

The sentence is quashed, and we remand for resentencing.

WOLF, PADOVANO, and ROWE, JJ., concur.

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PER CURIAM.

Appellant challenges his conviction and sentence for lewd or lascivious molestation pursuant to section 800.04(5), Florida Statutes (2007). Appellant raises a number of issues. We find no merit as to any of the issues related to his conviction. We find merit as to one issue related to sentencing. We determine we are required to quash the sentence and remand for resentencing before a different judge pursuant to the dictates of Jackson v. State, 39 So.3d 427 (Fla. 1st DCA 2010).

The sentence is quashed, and we remand for resentencing.

WOLF, PADOVANO, and ROWE, JJ., concur.

Posey v. State, 65 So. 3d 122, 2011 Fla. App. LEXIS 10316, 2011 WL 2578577 (Fla. Ct. App. 2011).

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