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DUNN v. STATE

No. 98-1096.

729 So.2d 493 (1999)

Michael DUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 26, 1999.

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; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Michael Dunn (Dunn) appeals his sentence for sale of imitation cocaine, arguing that the sentence is illegal and constitutes fundamental error. We agree and reverse.

A jury convicted Dunn of the sale of cocaine (count one), and the sale of imitation cocaine (count two). Dunn committed these crimes on June 21, 1997 and June 27, 1997 respectively, in Gulf County. The trial judge orally sentenced Dunn on count one to 28 months in prison followed by...

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