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DAVIS v. STATE

No. 2D03-2454.

884 So.2d 1058 (2004)

Oscar DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 15, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

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

CASANUEVA, Judge.

Oscar Davis challenges his conviction and sentence for aggravated battery, contending that the charging document was fatally defective and that his sentence was illegally enhanced. We hold that he was properly convicted of aggravated battery but reverse and remand for resentencing.

Mr. Davis was charged by amended information with aggravated battery with a firearm, and the jury found him guilty...

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