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BRUCE v. STATE

Nos. 1D07-2172, 1D07-2462.

988 So.2d 715 (2008)

Earle T. BRUCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 20, 2008.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, Charlie McCoy, Senior Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant/cross appellee appeals his conviction for sexual battery with a deadly weapon. We affirm appellant's conviction without comment, but reverse as to the sentencing issue raised by the state on cross appeal.

After being convicted of sexual battery with a deadly weapon, the state sought to have appellant sentenced as a dangerous sexual felony offender ("DSFO") pursuant to section 794.0115, Florida Statutes (2006), because he used a deadly...

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