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SUAREZ v. STATE

No. 3D03-1925.

974 So.2d 451 (2008)

Alexander SUAREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 16, 2008.

Attorney(s) appearing for the Case

John Lipinski, for appellant.

Bill McCollum, Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee.

Before COPE, WELLS, and SUAREZ, JJ.

COPE, J.

In an earlier postconviction appeal, this court ruled that Alexander Suarez did not qualify as a habitual violent felony offender (HVFO), and remanded for resentencing. Suarez v. State, 808 So.2d 1288 (Fla. 3d DCA 2002). On remand, the trial court resentenced defendant-appellant Suarez under the guidelines, but (at the State's request) greatly increased the sentence. We conclude that this was impermissible. For a...

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