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TROTTER v. STATE

No. 5D99-3284.

774 So.2d 924 (2001)

Travis A. TROTTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 5, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Travis A. Trotter ("Trotter") timely appeals his sentence arguing that he is entitled to be resentenced in accordance with Heggs v. State, 759 So.2d 620 (Fla.2000), wherein the Florida Supreme Court held that the 1995 sentencing guidelines were unconstitutional. We agree.

On October 22, 1996, Trotter pled guilty to the only charge set forth in the information filed against him, trafficking in cocaine.

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