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BATTLE v. STATE

No. 4D99-3144.

761 So.2d 1177 (2000)

Henry A. BATTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 28, 2000.

Attorney(s) appearing for the Case

Henry A. Battle, Bristol, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION TO RECALL MANDATE AND FOR REHEARING

PER CURIAM.

We grant the state's motion to recall mandate and for rehearing. In the revised opinion in Heggs v. State, 759 So.2d 620 (Fla.2000), the supreme court held:

if a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that...

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