JODY POSEY, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JODY POSEY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-1417 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 30, 2011. An appeal from the Circuit Court for Escambia County. Kenneth L. Williams, Judge. Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. 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. 2

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