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DURHAM v. STATE

No. 5D01-2992.

825 So.2d 459 (2002)

Donn DURHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 9, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Hall v. State, 823 So.2d 757 (Fla.2002) (holding that in order to appeal the length of a sentence within the statutory maximum, a defendant must argue that his sentence was the result of vindictiveness).

SHARP, W., HARRIS and ORFINGER, R. B...

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