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ROGERS v. STATE

No. 2D03-3254.

875 So.2d 769 (2004)

Ennis Leonard ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 18, 2004.

Attorney(s) appearing for the Case

J.L. "Ray" LeGrande of LeGrande & LeGrande, P.A., Fort Myers, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Ennis Leonard Rogers challenges his conviction and sentence for aggravated battery. We affirm Rogers' conviction without discussion, but reverse Rogers' sentence and remand for resentencing.

Rogers was charged by information that alleged:

On or about June 14, 2002 in Lee County, Florida, [Rogers] did unlawfully commit a battery upon Tony Peterson, Jr., by actually and intentionally touching or striking said person against said person...

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