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BOGARD v. STATE

No. 84-1889.

470 So.2d 767 (1985)

Larry Douglas BOGARD, Appellant/Cross Appellee, v. STATE of Florida, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 10, 1985.

Attorney(s) appearing for the Case

Ray Sandstrom, Fort Lauderdale, for appellant/cross appellee.

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellee/cross appellant.

PER CURIAM.

Rather than employ the "right for the wrong reason" doctrine, see, e.g., Phillips v. Mease Hospital and Clinic, 445 So.2d 1058 (Fla. 2d DCA 1984), we have decided to reverse the trial court's sentence on Count I on the authority of Fasenmyer v. State, 457 So.2d 1361 (Fla. 1984). This action is without prejudice to the trial court's right, following proper notice, to determine...

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