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STATE v. BATTLE

No. 94-00915.

661 So.2d 38 (1995)

STATE of Florida, Appellant, v. Christopher C. BATTLE, Appellee.

District Court of Appeal of Florida, Second District.

April 11, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellee.

ALTENBERND, Judge.

The state appeals the sentences imposed on Christopher C. Battle, arguing that the trial court was required to impose a three-year minimum sentence because Mr. Battle was convicted of selling cocaine within 1000 feet of a school. We reverse the sentences, but provide Mr. Battle with the opportunity to withdraw his plea on remand.

For events occurring on November 4, 1993, the state filed an information charging Mr. Battle with one count of...

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