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ARMSTRONG v. STATE

No. 3D06-2014.

985 So.2d 1156 (2008)

James ARMSTRONG, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 24, 2008.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Olga L. Villa, Assistant Attorney General, for appellee.

Before WELLS and LAGOA, JJ., and SCHWARTZ, Senior Judge.

LAGOA, J.

James Armstrong ("Armstrong") appeals his sentence following the trial court's determination that he violated the terms of his written plea agreement. Because we find that Armstrong did not violate the express terms of his plea agreement, we reverse and remand for resentencing in accordance with this opinion.

I. FACTS AND PROCEDURAL HISTORY

The State charged Armstrong and six co-defendants with armed trafficking in

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