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KERNEY v. STATE

No. 91-02343.

605 So.2d 159 (1992)

Leon Devince KERNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 11, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Leon Devince Kerney appeals his designation and sentence as a habitual violent felony offender. The crime for which the trial court sentenced Kerney was attempted manslaughter with a weapon, which resulted in a violent habitual felony offender sentence of thirty years' imprisonment without eligibility for release for ten years. We reverse and remand for resentencing.

The state noticed Kerney that it intended to treat him as a habitual violent...

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