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ALLEN v. STATE

No. 1D06-6378.

988 So.2d 694 (2008)

Hilton ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 4, 2008.

Attorney(s) appearing for the Case

James C. Banks of Banks & Morris, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Hilton Allen appeals the sentence imposed after his conviction for sexual battery, contending that the trial court erred in reclassifying his offense from a second degree felony to a first degree felony pursuant to section 794.023, Florida Statutes (2004), since he was not charged as a perpetrator pursuant to that statute. We agree that his reclassification was improper. Allen v. State, 982 So.2d 1280 (Fla. 1st...

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