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WILLIAMS v. STATE

No. 4D00-2359.

786 So.2d 1273 (2001)

Wayne E. WILLIAMS, II, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The Defendant contends the trial court erred in re-sentencing him without first holding a hearing as required under Heggs v. State, 759 So.2d 620 (Fla.2000). We agree.

The State conceded that, under Heggs, the Defendant was entitled to be re-sentenced under the 1994 sentencing guidelines. Thus, the State recommended a sentence ranging from 30.3 months to 50.5 months, higher than what the Defendant...

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