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MERKT v. STATE

No. 4D99-0778.

764 So.2d 865 (2000)

Christopher MERKT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 9, 2000.

Attorney(s) appearing for the Case

Richard C. Bartmon of Law Offices of Bartmon & Bartmon, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for appellee.

TAYLOR, J.

Christopher Merkt appeals the order revoking his community control and the sentence imposed under the 1995 guidelines. We affirm the order revoking community control. However, we remand for reconsideration of sentencing in accordance with Heggs v. State, 759 So.2d 620 (Fla.2000) (holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute...

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