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WHEELER v. STATE

No. 2D04-167.

898 So.2d 1052 (2005)

Carl WHEELER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 20, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Carl Wheeler appeals his judgment and prison releasee reoffender (PRR) sentence for aggravated assault and his judgment and sentence for improper exhibition of a dangerous weapon. We affirm in all respects but write only to address the issue of the applicability of PRR sentencing for the offense of aggravated assault.

Wheeler's aggravated assault conviction arose from an incident in which he held a BB gun to the head of a ten-year-old boy...

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