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BANCK v. STATE

No. 5D01-8.

798 So.2d 814 (2001)

Shawn Adam BANCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 26, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

This is yet another case involving the relationship of the decision of the Supreme Court of Florida in Heggs v. State, 759 So.2d 620 (Fla.2000) and a defendant's plea agreement. Previously, the lower court ordered resentencing pursuant to Heggs because defendant, Shawn Adam Banck's ["Banck]" sentence under the 1995 guidelines would have been a departure sentence under the 1994 guidelines. At resentencing...

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