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BUSH v. STATE

No. 1D02-0355.

843 So.2d 1025 (2003)

Odell BUSH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 6, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for appellant.

Charlie Crist, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for appellee.

WOLF, J.

Appellant raises two issues on appeal: I) Whether the trial court erred in resentencing appellant pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), without counsel, and II) Whether the conviction in count III for retaliating against a witness could be properly enhanced for use of a firearm when use of a firearm was not alleged in the information. We determine that appellant is correct as to issue I and remand...

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