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DAVIS v. STATE

No. 5D00-1457.

760 So.2d 1091 (2000)

Tyress B. DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 23, 2000.

Attorney(s) appearing for the Case

Tyress B. Davis, Crestview, Pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Davis appeals claiming the court erred in his sentencing by using the window period set out in Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999), which was from October 1, 1995, to October 1, 1996. We remand for reconsideration by the trial court in light of Heggs v. State, 759 So.2d 620 (Fla.2000), which holds the window period is from October 1, 1995, to May 24, 1997...

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