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CRYSTAL v. STATE

No. 96-2277.

689 So.2d 388 (1997)

Kevin CRYSTAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 26, 1997.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In Crystal v. State, 672 So.2d 632 (Fla. 1st DCA 1996), we vacated the appellant's seven and one-half year sentence and remanded for resentencing. Upon remand, the trial court imposed a sentence of ten years. We vacate the ten year sentence because it violates the appellant's right to due process under North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656...

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