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WILCOX v. STATE

No. 91-753.

585 So.2d 1136 (1991)

Darrell WILCOX, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 17, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Alphonso S. Milligan, Asst. Attys. Gen., for appellee.

Before NESBITT, COPE and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant, Darrell Wilcox, was convicted of trespass, battery on a law enforcement officer, and resisting an officer with violence. Appellant was sentenced to five and one-half years for the battery on a law enforcement officer. We reverse and remand.

Appellant contends, and the State concedes, that it was fundamental error to sentence appellant to five and one-half years...

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