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JENKINS v. STATE

No. 5D02-437.

816 So.2d 780 (2002)

Andre C. JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 10, 2002.

Attorney(s) appearing for the Case

Andre C. Jenkins, Daytona Beach, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Tammy L. Jaques, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Andre Jenkins appeals the summary denial of his second 3.800(a) motion to correct an illegal sentence. See Fla. R.Crim.P. 3.800. We reverse.

Jenkins' first 3.800(a) motion sought resentencing based on Heggs v. State, 759 So.2d 620 (Fla.2000). For two of Jenkins' three convictions, the trial court agreed that post-conviction relief was warranted and resentenced him to a term of 13.5 years incarceration...

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