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AIKENS v. STATE

No. 3D03-437.

855 So.2d 725 (2003)

Terrance AIKENS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before LEVY, FLETCHER, and WELLS, JJ.

WELLS, Judge.

Terrance Aikens appeals from the sentence imposed in this case, as corrected, on October 17, 2002, claiming that he had the right to be, but was not, present at the sentencing hearing. The State properly concedes the issue. See, e.g., Smith v. State, 754 So.2d 114 (Fla. 3d DCA 2000).

The sentence imposed in this matter is, therefore, vacated, and this matter is remanded for the purpose of imposing a...

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