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STATE v. WHITEHEAD

No. 5D00-2818.

798 So.2d 815 (2001)

STATE of Florida, Appellant, v. Gerald Irvin WHITEHEAD, Appellee.

District Court of Appeal of Florida, Fifth District.

October 26, 2001.

Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellee.

GRIFFIN, J.

This is another Heggs resentencing appeal. This time it is the State who complains. We reverse.

During the trial of defendant, Gerald Whitehead ["defendant"], while the jury was deliberating and the judge was considering a mistrial, plea negotiations took place. The judge asked for the specific number of months that the prosecutor was offering, and the prosecutor said, "everything is 150, 149.8." The judge said that was the bottom of the...

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