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MARTINEZ-YANEZ v. STATE

No. 2D00-1024.

779 So.2d 588 (2001)

Pedro MARTINEZ-YANEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 16, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny S. Sieg, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Pedro Martinez-Yanez challenges his resentencing following the issuance of this court's mandate in Yanez v. State, 744 So.2d 601 (Fla. 2d DCA 1999). He argues that the trial court improperly exceeded that mandate when, on a remand for resentencing, it increased his sentence for armed burglary after this court set aside his conviction and sentence for first-degree felony murder. We agree and reverse.

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