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DUHART v. STATE

No. 3D00-1754.

778 So.2d 538 (2001)

Alonzo DUHART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 7, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Andrew Stanton, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

Resolving the evident and acknowledged confusion in the record of the sentencing hearing in favor of the defendant under the rule of lenity, Gilbert v. State, 680 So.2d 1132 (Fla. 3d DCA 1996), we conclude that the trial court did not impose a habitual violent offender sentence upon the defendant for this pre 1994 crime1 and thus that the twenty-two year guidelines term was invalidly...

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