ERICK PACHECO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2015-07-22
No. 3D14-686
Before SALTER, LOGUE and SCALES, JJ.
170 So. 3d 913 Florida District Court of Appeal, Third District (2015) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

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.

*914Affirmed in part; reversed and remanded in part.


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Cited By

  • Erick Pacheco v. State, 217 So. 3d 124 (Fla. 3d DCA 2017)
    …reversed the con [*125] viction for the offense charged in Count 3 with instructions to the trial court to vacate the conviction and sentence imposed for Count 3, recalculate Pacheco’s sentencing scoresheet, and resentence Pacheco. Pacheco v. State, 170 So. 3d 913 (Fla. 3d DCA 2015). The trial court fully complied with this Court’s directive and substantially reduced Pacheco’s sentence. Pacheco now appeals the trial court’s order denying his motion for postconviction relief, in which Pacheco alleged eleven…

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