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MARTINEZ v. STATE

No. 4D00-2083.

770 So.2d 211 (2000)

Marty MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2000.

Attorney(s) appearing for the Case

Marty Martinez, South Bay, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Marty Martinez (Appellant) appeals from the order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, in which he sought resentencing under Heggs v. State, 759 So.2d 620 (Fla.2000), for one count of aggravated battery, committed on November 23, 1995. We reverse.

It is undisputed that Appellant's offense was committed within the...

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