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MENDEZ v. STATE

No. 4D99-0982.

761 So.2d 438 (2000)

Anthony MENDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 31, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We deny the state's motion for rehearing, clarification, and certification of conflict. However, we withdraw our previously issued opinion and substitute the following in its place:

We affirm Mendez's conviction on charges of robbery and grand theft, but reverse the sentence and remand for resentencing.

At sentencing, the trial court found Mendez to be a violent career criminal and violent habitual...

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