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HALL v. STATE

No. 5D00-2936.

789 So.2d 1052 (2001)

Mitchell HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 8, 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 Tammy L. Jaques, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant pled guilty to DUI manslaughter pursuant to an agreement with the State for a sentence of 144 months incarceration. The 1995 guideline would have been the effective guideline had appellant not negotiated his plea. Once the 1995 guideline was held unconstitutional so that the 1994 guideline would have been the one to consider, appellant asked to be resentenced under Heggs.

In Tarlbert v. State, 766 So.2d...

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