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956 So. 2d 1248

Jackson v. State

District Court of Appeal of Florida · decided 2007-05-25

Decided 2007-05-25

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2We grant appellant’s request for rehearing, withdraw our previous opinion, and substitute the following.

¶3Appellant raises two issues on appeal; we find one has merit. We determine, as conceded by the State, that in light of the Florida Supreme Court’s decision in State v. Hearns, 32 Fla. L. Weekly S177, — So.2d —, 2007 WL 1215452 (Fla. Apr. 26, 2007), the trial court erred in ruling that appellant’s reclassified battery on a detainee conviction qualifies for violent career criminal sentencing. We, therefore, reverse and remand for resentencing.

ALLEN, WOLF, and POLSTON, JJ., concur.
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