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UPSHAW v. STATE

No. 93-02907.

652 So.2d 1220 (1995)

Elvis UPSHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 5, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellant.

RYDER, Acting Chief Judge.

Elvis Upshaw contends, and the state concedes, that the trial court improperly sentenced him to seventeen years' imprisonment after revoking his probation for a second degree felony. Accordingly, we reverse his sentence and remand for the trial court to sentence him within the statutory maximum for a second degree felony, fifteen years. § 775.082(3)(c), Fla. Stat. (1989). Upshaw need not be present for resentencing.

Upshaw also...

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