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SMITH v. STATE

No. 2D02-3558.

867 So.2d 617 (2004)

Anthony SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 10, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for appellee.

FULMER, Judge.

Anthony Smith appeals his convictions for armed burglary and armed robbery, both of which occurred on February 17, 2001. We affirm his conviction for armed robbery without discussion. However, we reverse his conviction for armed burglary and remand for a new trial. On remand, the trial court is also directed to consider whether the outcome of the armed burglary charge necessitates resentencing on the armed robbery charge and, if so, to resentence Smith...

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