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SMITH v. STATE

No. 2D01-2619.

814 So.2d 533 (2002)

James R. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 26, 2002.

Attorney(s) appearing for the Case

James R. Smith, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Michelle Taylor, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

We affirm without prejudice to any right Smith may have to be resentenced under Heggs v. State, 759 So.2d 620 (Fla.2000), an issue presently pending in the circuit court pursuant to his motion filed under Florida Rule of Criminal Procedure 3.800.

DAVIS and KELLY...

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