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TOOLEY v. STATE

No. 95-730.

675 So.2d 984 (1996)

Brian TOOLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 3, 1996.

Attorney(s) appearing for the Case

Thomas E. Cushman, St. Augustine, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Tooley appeals from convictions and sentences for attempted first degree murder,1 armed kidnapping,2 attempted sexual battery3 and conspiracy to commit first degree murder.4

Tooley argues and the state concedes it was error to sentence him to a mandatory minimum sentence for conspiracy. White v. State,

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