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SMITH v. STATE

No. 2D10-10.

62 So.3d 698 (2011)

Arnold SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 10, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Maureen E. Surber , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.

KHOUZAM, Judge.

Arnold Smith appeals his sentence of three years in prison for driving while license revoked as a habitual traffic offender. Smith argues that the trial court committed fundamental error in considering his refusal to admit guilt, his protestations of innocence, and the truthfulness of his testimony as factors in sentencing. The State concedes that the trial court committed fundamental reversible error. We reverse and remand for resentencing before...

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