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CLEMONS v. STATE

No. 2D00-3793.

816 So.2d 1180 (2002)

Anthony George CLEMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 22, 2002.

Attorney(s) appearing for the Case

Geoffrey A. Foster, Bartow, for Appellant.

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

KELLY, Judge.

Anthony George Clemons appeals his sentence which was imposed on resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). He argues that his resentencing by a successor judge violated Florida Rule of Criminal Procedure 3.700(c)(1). We agree and reverse.

In 1998, Clemons entered a plea of nolo contendere to one count of committing a lewd act on a child, and he was sentenced under the 1995 guidelines...

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