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935 So. 2d 1286

Docket No. 5D06-1248.

Vickers v. State

Lawerence J. VICKERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 25, 2006.

District Court of Appeal of Florida · decided 2006-08-25

Relies on 869 So. 2d 52 - Ellis v. State · Vickers v. State

Decided 2006-08-25

¶1Lawrence Vickers, Lowell, pro se.

¶2Charles J. Crist, Jr., Attorney General, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4Appellant challenges the legality of his sentence. Pursuant to remand in Vickers v. State, 875 So.2d 1288 (Fla. 5th DCA 2004), the trial court resentenced Appellant in numerous cases. We reject Appellant's challenges except as to the sentences in Case No. 02-482. In that case, although the record is not clear, it appears that Appellant might have received an illegal sentence on Count II, a third-degree felony. Even though Appellant was sentenced as an HFO on that count, the total sentence appears to exceed ten years. Upon remand, the trial court may either resentence Appellant on both counts in Case No. 02-482 or provide further record support that the sentence on Count II does not exceed ten years. See Ellis v. State, 869 So.2d 52 (Fla. 5th DCA 2004).

¶5REVERSED in part; REMANDED.

¶6SAWAYA, ORFINGER and TORPY, JJ., concur.

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