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JENKINS v. STATE

Nos. 97-342, 97-307.

701 So.2d 129 (1997)

Frank Alexander JENKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 26, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas Gurnic, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Upon the State's proper confession of error, we reverse the defendant's seventeen year sentence for attempted sexual battery with a weapon and direct the trial court to resentence the defendant on that count to a sentence not exceeding fifteen years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not be present at resentencing. See Tosco v. State,

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