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PERKINS v. STATE

No. 4D05-712.

17 So.3d 1289 (2009)

Alexander PERKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 9, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We vacate our orders of May 27, 2009 and August 28, 2009, and reconsider on remand our opinion in Perkins v. State, 939 So.2d 1113 (Fla. 4th DCA 2006), which the Florida Supreme Court reviewed in Perkins v. State, 7 So.3d 529 (Fla.2009).

Perkins argued to this court that the trial court erred in sentencing by considering an affidavit from the Department of Corrections...

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