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Dedge v. State

Citations: 479 So. 2d 882; 11 Fla. L. Weekly 51; 1985 Fla. App. LEXIS 5944Docket: No. 85-58

Court: District Court of Appeal of Florida; December 25, 1985; Florida; State Appellate Court

Narrative Opinion Summary

Wilton Allen Dedge's appeal regarding his convictions for sexual battery, burglary, and aggravated battery is partially affirmed and partially reversed. The appellate court affirms the judgments and sentences on all counts except for the minimum mandatory portions of the sexual battery sentences, which are reversed. The case is remanded to the trial court to remove these minimum mandatory provisions, referencing the precedent set in Tucker v. State. The decision is concurred by Chief Judge Cobb and Judges Upchurch and Sharp.

Legal Issues Addressed

Appellate Review of Convictions

Application: The appellate court has the authority to affirm or reverse parts of a criminal conviction based on the merits of the case.

Reasoning: Wilton Allen Dedge's appeal regarding his convictions for sexual battery, burglary, and aggravated battery is partially affirmed and partially reversed.

Modification of Sentences on Appeal

Application: The appellate court can reverse specific sentencing conditions and remand the case to the trial court for modification in accordance with precedent.

Reasoning: The appellate court affirms the judgments and sentences on all counts except for the minimum mandatory portions of the sexual battery sentences, which are reversed.

Precedent in Appellate Decisions

Application: The decision to reverse the minimum mandatory portions of the sentences is based on the precedent set in a prior case.

Reasoning: The case is remanded to the trial court to remove these minimum mandatory provisions, referencing the precedent set in Tucker v. State.