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STATE v. MAPLES

No. 98-2117.

739 So.2d 127 (1999)

STATE of Florida, Appellant, v. Jackie Ray MAPLES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 20, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State of Florida appeals the 30 year sentence imposed upon Jackie Ray Maples for, among other crimes, burglary with an assault or battery. § 810.02(2), Fla. Stat. (1997). We vacate the sentence and remand for resentencing.

Maples had been released from prison for prior crimes on August 29, 1997, when he committed the current offense less than two months after his release. The trial court found that Maples qualified as a prison releasee...

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