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JIMENEZ v. STATE

No. 3D06-2251.

985 So.2d 1190 (2008)

Joselin JIMENEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 9, 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 Magaly Rodriguez, Assistant Attorney General, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.

SALTER, J.

Joselin Jimenez appeals a circuit court order vacating his sentence entered pursuant to a plea agreement and re-sentencing him to thirty years in prison. Because the State has been unable to demonstrate that the re-sentencing hearing included sworn testimony in support of the State's allegation that Jimenez violated the requirements of his plea agreement,* we reverse the re-sentencing judgment with directions. On remand, the...

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