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POPE v. STATE

No. 2D02-5583.

884 So.2d 328 (2004)

Jeffery POPE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 9, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine Jr., Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

CANADY, Judge.

Jeffery Pope appeals his conviction and sentence for a violation of section 790.235, Florida Statutes (2000), which makes it unlawful for a person who meets the criteria for violent career criminal sentencing to possess a firearm. We affirm his conviction without comment. However, we reverse his thirty-five-year sentence because it was not authorized by law.

A violation of section 790.235 is a first-degree felony—a level of offense ordinarily...

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