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STATE v. CUMMINGS

No. SC96522.

762 So.2d 914 (2000)

STATE of Florida, Petitioner, v. Charles W. CUMMINGS, Respondent.

Supreme Court of Florida.

July 6, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Erica M. Raffel, Assistant Attorney General, Tampa, Florida, for Petitioner.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Respondent.

PER CURIAM.

We have for review State v. Cummings, No. 99-00519, 1999 Fla.App. LEXIS 11082 (Fla. 2d DCA Aug. 20, 1999), in which the Second District affirmed the imposition of a guidelines sentence on a defendant who qualified as a prison releasee reoffender, relying on State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998). In so doing, the Second District acknowledged conflict with Woods v. State,

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