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STATE v. BERRY

No. 2D00-3908.

818 So.2d 537 (2002)

STATE of Florida, Appellant, v. Deandre Kentrial BERRY, Appellee.

District Court of Appeal of Florida, Second District.

January 16, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

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

STRINGER, Judge.

The State challenges the trial court's resentencing of Deandre Berry after he filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Berry alleged that he was entitled to resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). The State contends that Berry was not entitled to resentencing because his sentence was not a departure sentence...

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