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701 So. 2d 129

Jenkins v. State

District Court of Appeal of Florida

Decided November 26, 1997

District Court of Appeal of Florida · decided 1997-11-26

Relies on Buscemi v. Guis

Decided 1997-11-26

¶1CONFESSION OF ERROR

PER CURIAM.

¶2Upon the State’s proper confession of error, we reverse the defendant’s seventeen year sentence for attempted sexual battery with a weapon and direct the trial court to resentence the defendant on that count to a sentence not exceeding fifteen years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not be present at resentencing. See Tosco v. State, 686 So.2d 787 (Fla. 3d DCA 1997).

¶3Reversed and remanded.

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