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LAWSON v. STATE

Nos. 80-1858, 80-1859.

400 So.2d 1053 (1981)

Mark A. LAWSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 15, 1981.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

This appeal concerns the three-year minimum prison term required to be imposed upon certain felons who use firearms or destructive devices in the commission of their crimes. We reverse such a sentence in this case as improper and remand for resentencing.

Appellant was charged in a two count information with sexual battery and kidnapping.1 The defense stipulated that the state could prove a prima facie case...

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