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POOLER v. STATE

No. 2D00-246.

794 So.2d 623 (2001)

James A. POOLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 14, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn Giambalvo, Assistant Public Defender, Bartow, for Appellant.

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

BLUE, Acting Chief Judge.

James A. Pooler argues that the trial court erred by sentencing him under the 1995 guidelines, which were declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla.2000), for offenses that occurred between October 1, 1995, and May 24, 1997, see Trapp v. State, 760 So.2d 924 (Fla.2000). Although the State concedes error, we conclude that Pooler has...

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