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MARTINEZ v. STATE

No. 2D06-1359.

980 So.2d 1245 (2008)

Rafael MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 7, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Rafael Martinez challenges the revocation of his probation and the sentence entered on the revocation. Although we affirm the revocation, we reverse Martinez's sentence and remand for resentencing.

On May 13, 2002, Martinez entered a best interest guilty plea to the charges of third-degree felony murder, possession of heroin, and delivery of heroin. Martinez was sentenced on all three counts to concurrent terms of three years' incarceration as...

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