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CHILDERS v. STATE

No. 2D03-863.

861 So.2d 1194 (2003)

Roderick CHILDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 2003.

Attorney(s) appearing for the Case

John D. Middleton and R. Mitchell Prugh of Middleton & Prugh, P.A., Melrose, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

Roderick Childers seeks review of the thirty-year habitual violent felony offender sentence which was imposed pursuant to a resentencing under State v. Thompson, 750 So.2d 643 (Fla.1999).1 Childers argues that the trial court erred when it refused to consider mitigation evidence and indicated that it would not substitute its judgment...

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