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STATE v. MANNING

No. 5D02-951.

839 So.2d 849 (2003)

STATE of Florida, Appellant, v. Fred MANNING, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellee.

SHARP, W., J.

The trial court granted, in part, Manning's motion for post-conviction relief, vacated his 229 month (19+ years) habitual offender and prison releasee reoffender sentence and resentenced him to fifteen years as a prison releasee reoffender. The state appeals, arguing the original 229 month habitual offender sentence should be reinstated with a fifteen year mandatory minimum attributed to Manning's prison releasee...

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