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KELLY v. STATE

No. 2D98-1255.

765 So.2d 882 (2000)

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

District Court of Appeal of Florida, Second District.

August 18, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Michael Dean Kelly appeals the judgment and sentence for an offense committed on January 20, 1997. We affirm the conviction without discussion. However, Kelly was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000). Accordingly, this matter must be remanded for the trial court to reconsider the sentence imposed in accordance with...

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