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873 So. 2d 599

Justice v. State

District Court of Appeal of Florida · decided 2004-05-26

Decided 2004-05-26

PER CURIAM.

¶1Appellant was convicted of aggravated battery pursuant to section 784.045, Florida Statutes (1998), a second degree felony, which has a maximum punishment of fifteen years imprisonment. See § 775.082(3)(c), Fla. Stat. (1998). However, the trial court sentenced her to thirty years as a prison releasee reoffender. The state concedes that the court erred, as under the Prison Releasee Reoffender Act the mandatory sentence of a second degree felony is also fifteen years. See § 775.082(8)(a)2.c.

¶2Reversed and remanded for resentenc-ing.

STONE, WARNER and POLEN, JJ., concur.
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