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EVANS v. STATE

No. 3D01-2870.

834 So.2d 954 (2003)

Austin EVANS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 22, 2003.

Attorney(s) appearing for the Case

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

Charlie Crist, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and FLETCHER, JJ.

FLETCHER, Judge.

Austin Evans seeks reversal of his conviction and, if unsuccessful in so doing, a remand to the trial court on a sentencing issue. We affirm the conviction, but reverse the sentence and remand for a determination of whether Evans qualifies for sentencing as a prison releasee reoffender.

Evans contends that the trial court erred by allowing into evidence hearsay from a tape of the victim's 911 telephone...

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