Third District Court of Appeal
State of Florida
Opinion filed July 22, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-686
Lower Tribunal No. 11-23587
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Erick Pacheco,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Bronwyn C.
Miller, Judge.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant
Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney
General, for appellee.
Before SALTER, LOGUE and SCALES, JJ.
PER CURIAM
Appellant Erick Pacheco appeals his conviction for lewd and lascivious
molestation (Count 1 of the State’s information) and for lewd and lascivious
conduct (Count 3 of the State’s information). We affirm Pacheco’s conviction for
lewd and lascivious molestation and, upon the State’s proper concession of error,
reverse Pacheco’s conviction for lewd and lascivious conduct.
We remand the case to the trial court to vacate Pacheco’s conviction for
lewd and lascivious conduct (Count 3), to recalculate Pacheco’s scoresheet, and to
resentence Pacheco accordingly.
Affirmed in part; reversed and remanded in part.
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