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GONZALEZ v. STATE

No. 3D01-2286.

821 So.2d 1194 (2002)

Asterio GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 24, 2002.

Attorney(s) appearing for the Case

Paul J. Kneski, Miami, for appellant.

Robert A. Butterworth, Attorney General, and John D. Barker, Assistant Attorney General, for appellee.

Before COPE, FLETCHER and RAMIREZ, JJ.

COPE, J.

Asterio Gonzalez appeals an order denying his motion for postconviction relief. We conclude that the defendant is entitled to a new sentencing hearing, and remand for that purpose.

Defendant-appellant Gonzalez was placed on probation in Miami-Dade County Circuit Court case number 96-36356 for dealing in stolen property. In 1997 he was charged with committing aggravated battery with a firearm in circuit...

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