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Camaron v. State

Defendant failed to show through the record that the trial court did not consider his request for first offender treatment before sentencing him on his guilty pleas to several violent felonies.

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On January 1, 1998, the defendant hid in a stall in the women’s restroom at the Lucky Breaks Pool Hall. When the victim came in, the defendant at knife point forced her into the stall and to remove her clothes. He attempted unsuccessfully to penetrate her vagina from the rear; fondled her breasts; digitally penetrated her vagina; and finally achieved a partial penile penetration of the victim’s vagina. The defendant took all of the victim’s clothes except for her socks. The defendant was indicted for kidnaping, rape, aggravated assault, aggravated sexual battery, possession of a knife during the commission of a felony, and sexual battery. On October 25, 1999, the defendant entered a guilty plea to all charges. On March 21, 2000, the trial court sentenced the defendant on kidnaping, rape, aggravated assault, and aggravated sexual battery to 20 years confinement to serve 10 concurrently, with the balance probated, five years to serve consecutively for possession of a knife during the commission of a felony, and 12 months concurrent probation for sexual battery.

The defendant moved for the sentence to be imposed as a first offender. However, the trial court imposed a split sentence under the facts and circumstances of the case.

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