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SPANN v. STATE

No. 4D99-3811.

772 So.2d 38 (2000)

Cedrick E. SPANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 27, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melanie Ann Dale, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

Appellant was convicted of battery on a law enforcement officer and challenges his sentence as a prison releasee reoffender, arguing that there was a double enhancement of his penalty and that under Oliveira v. State, 751 So.2d 611 (Fla. 4th DCA 1999), this constituted double jeopardy. We now recognize that we were wrong in Oliveira and recede from that opinion.

In Oliveira the defendant was...

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