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Aldacosta v. State Of Fla. (Fla. App., 2010)

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STEVEN ALDACOSTA, Appellant, v.STATE OF FLORIDA, Appellee. No. 2D09-2797 District Court Of AppealOf Florida Second District. Filed August 18, 2010. James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. Appeal from the Circuit Court for Sarasota County; Stephen L. Dakan, Senior Judge. Opinion ALTENBERND, J. Steven Aldacosta appeals his judgment and sentence for felony battery. The narrow issue on appeal is whether a prior conviction for lewd or lascivious battery can be used as a qualifying offense to transform misdemeanor battery into felony battery...continue to full post

Full post as published by Florida Criminal Law Opinions on August 18, 2010 (boomark / email).