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853 So. 2d 573

Mann v. State

District Court of Appeal of Florida

Decided September 3, 2003

District Court of Appeal of Florida · decided 2003-09-03

Relies on 845 So. 2d 142 - Wilson v. State · Romano v. Eastern Financial Federal Credit Union

Decided 2003-09-03

¶1ON MOTION FOR CLARIFICATION

PER CURIAM.

¶2Based on appellee State of Florida’s motion for clarification and for withdrawal of mandate, we recall the mandate issued on May 21, 2003, withdraw the opinion rendered the same day and substitute the following in its stead. The sentence is reversed due to the trial court’s failure to justify the sentence of life imprisonment as a violent career criminal. See Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003). The case is remanded to the trial court for re-sentencing by a different judge, pursuant to Wilson v. State, 845 So.2d 142 (Fla.2003) (the record must rebut any presumption of vindictiveness).

¶3Reversed and remanded.

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