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ARIANO v. STATE

No. 4D06-1973.

961 So.2d 366 (2007)

Daniel ARIANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 25, 2007.

Attorney(s) appearing for the Case

Howard P. Alterman of Law Office of Howard P. Alterman, P.A., Lake Worth, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant Daniel Ariano timely appeals a conviction of burglary of a dwelling with a battery and sentence to 10 years in Florida State Prison with credit for 369 days time served. We reverse the trial court's determination that Ariano is a member of a criminal street gang and remand for resentencing.

After adjudicating Ariano guilty of the charged crime of burglary of a dwelling with a battery, the trial court applied the criminal street gang enhancer...

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