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POOLE v. STATE

No. 5D06-2844.

968 So.2d 82 (2007)

Nathaniel POOLE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 9, 2007.

Attorney(s) appearing for the Case

Dan D. Hallenberg, of The Law Office of Dan Hallenberg, P.A., Fort Lauderdale, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

Nathaniel Poole, Jr., appeals from concurrent fifteen-year sentences on charges of lewd and lascivious conduct, entered after the trial court granted Poole's motion for postconviction relief (on grounds that his prior sentences exceeded the statutory maximum penalty for second degree felonies). Based upon the date of his offense, Poole fell within the Heggs1 window and was sentenced under the 1994 guidelines. The only...

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