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WALLEN v. STATE

No. 5D04-2375.

909 So.2d 520 (2005)

Eric WALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca R. Wall, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, J.

This appeal originates from the decision issued by this court in Wallen v. State, 877 So.2d 737 (Fla. 5th DCA 2004), wherein we held that although Wallen had entered into a plea agreement to serve a fifteen-year sentence for aggravated assault with a deadly weapon, the sentence was illegal. Id. at 738. We vacated the sentence and remanded the case to allow the State to either agree to a legal sentence or...

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