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KELLY v. STATE

No. 96-03761.

727 So.2d 1084 (1999)

Patrick Michael KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 26, 1999.

Attorney(s) appearing for the Case

J.L. "Ray" LeGrande of LeGrande & LeGrande, P.A., Fort Myers, for Appellant.

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

GREEN, Judge.

The appellant, Patrick Michael Kelly, challenges the thirty-year habitual violent felony offender sentence and the fifteen-year minimum mandatory term for robbery with a deadly weapon. We reverse the habitual violent felony offender sentence and the minimum mandatory provision.

This is the second appeal in this case. After the appellant was convicted and sentenced for robbery with a deadly weapon and

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