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NEWMAN v. STATE

No. 98-02417.

738 So.2d 981 (1999)

James NEWMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 1999.

Attorney(s) appearing for the Case

Rochelle L. Lefler of Dixon, Lefler & Lorenzen, P.A., Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

James Newman received concurrent life sentences as a habitual violent felony offender following his convictions on three counts of sexual battery, multiple perpetrators. We reverse the sentences and remand for resentencing.

Newman's convictions were for second degree felonies punishable by up to fifteen years' imprisonment. See sections 794.011(5), 775.082(3)(c), Florida Statutes (1997). However, if a defendant has participated in...

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