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HUDSON v. STATE

No. 3D99-3007.

800 So.2d 627 (2001)

James HUDSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Order Withdrawing and Adopting Special Concurrence on Grant of Rehearing November 21, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Shaundra L. Kellam, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SORONDO, and RAMIREZ, JJ.

Order Withdrawing Panel Opinion and Adopting Special Concurrence on Grant of Rehearing November 21, 2001.

RAMIREZ, J.

James Hudson appeals his judgment of conviction and sentence for throwing a deadly missile into a hotel lobby. We reverse because Hudson was improperly sentenced to an extended term of imprisonment as a violent career criminal where the jury verdict did not authorize such a sentence.

The trial court judge sentenced Hudson as a violent...

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