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CARTER v. STATE

No. 5D07-936.

975 So.2d 1199 (2008)

Gregory CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

The defendant appeals from his sentence claiming the trial court imposed a presumptively vindictive sentence upon re-sentencing him for sexual battery, and that special probationary condition (h) is invalid. We summarily reject the first contention, finding no basis whatsoever for the vindictiveness claim. However, we find merit in the challenge to the probationary condition.

Special probationary condition (h) provides:

As directed by your...

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