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THOMAS v. STATE

No. 94-4110.

662 So.2d 1334 (1995)

John Arthur THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 14, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Trisha E. Meggs and Amelia L. Beisner, Assistant Attorneys General, Tallahassee, for Appellee.

ON MOTION FOR REHEARING AND MOTION FOR CLARIFICATION

[Original Opinion at 20 Fla. L. Weekly D2260]

ERVIN, Judge

We withdraw our previous opinion and substitute the following.

Appellant, John Thomas, a juvenile when he committed the offense of aggravated battery, appeals his adult sentence, imposed under section 39.059, Florida Statutes (Supp. 1994). We reverse and remand for resentencing, because the trial court erred in imposing the sentence...

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