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COOPER v. STATE

No. 1D03-3524.

919 So.2d 516 (2005)

Joseph Buoy COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 30, 2006.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

PADOVANO, J.

This is an appeal from an order summarily denying a postconviction motion under rule 3.800(a) of the Florida Rules of Criminal Procedure. We conclude that the defendant is entitled to relief. He was sentenced under the version of the sentencing guidelines declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla. 2000) and the sentence he received cannot be justified under the prior version of the guidelines...

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