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RODRIGUEZ v. STATE

No. 3D01-709.

819 So.2d 828 (2002)

Dax Anthony RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 8, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before FLETCHER and SORONDO, JJ., and NESBITT, Senior Judge.

SORONDO, J.

In Rodriguez v. State, 773 So.2d 1222 (Fla. 3d DCA 2000), this Court reversed Dax Anthony Rodriguez's (defendant) sentence of fifteen years under the Prison Releasee Reoffender Act, section 775.082(9), Florida Statutes (Supp.1998), because the offense defendant pled guilty to did not qualify for sentencing under the Act. The case was remanded for resentencing.

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