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GAY v. STATE

No. 2D04-2072.

898 So.2d 1203 (2005)

Matthew GAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 13, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

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

SILBERMAN, Judge.

Matthew Gay appeals the sentence that was imposed on resentencing, arguing that he should have been resentenced by the judge who originally sentenced him. The State concedes error. We agree and reverse and remand for resentencing by the original trial judge, unless the State can show that resentencing by a different judge is now necessary.

Judge Downey originally sentenced Gay in 1995. In 2001, after Gay obtained relief under rule 3.800(a...

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