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HUGHES v. STATE

No. 93-265.

624 So.2d 809 (1993)

Arthur Lee HUGHES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 28, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before HUBBART, JORGENSON and LEVY, JJ.

PER CURIAM.

Arthur Lee Hughes appeals from a sentence of twenty-two years for the offense of aggravated battery, a third degree felony carrying a maximum prison term of five years. §§ 784.021(a), 775.082(3)(d), Fla. Stat. (1991). Because the sentence under review impermissibly exceeds the statutory prison term, we reverse and remand for resentencing to a prison term not to exceed five years.

This is also an appeal from another judgment of conviction...

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