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BROWN v. STATE

No. 2D00-185.

787 So.2d 58 (2001)

Frances BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

BLUE, Acting Chief Judge.

Frances Brown was sentenced to concurrent sentences as a habitual felony offender and as a prison releasee reoffender following her conviction for aggravated battery. Because her conviction was erroneously enhanced, we reverse and remand for resentencing.

Ms. Brown contends that the trial court erred in utilizing the deadly weapon enhancement in section 775.087(1)(b), Florida Statutes (1997), because the use of a weapon was an essential...

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