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POPPELL v. STATE

No. BM-362.

509 So.2d 390 (1987)

Vondell POPPELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 7, 1987.

Attorney(s) appearing for the Case

Pamela D. Presnell, Asst. Public Defender, Tallahassee, for appellant.

John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

THOMPSON, Judge.

Poppell appeals his conviction and 10 year sentence for burglary of a dwelling while armed. We affirm the conviction, but reverse and remand for resentencing.

After being found guilty as charged following a jury trial Poppell agreed to the imposition of a 10 year sentence in exchange for the state's agreement not to seek habitual offender sentencing. The recommended guidelines sentence was 4 1/2 to 5 1/2 years; therefore, the 10 year sentence...

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