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CARROSO v. STATE

No. 2D11-1282.

129 So.3d 374 (2013)

Kenneth Michael CARROSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 20, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Maureen E. Surber , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers and Susan D. Dunlevy , Assistant Attorneys General, Tampa, for Appellee.

ALTENBERND, Judge.

Kenneth Michael Carroso appeals his judgment and sentence for workers' compensation fraud involving a "monetary value" between $20,000 and $100,000. See § 440.105(4), Fla. Stat. (2005). Although he has already fully served his fourteen-month prison term for this offense, we reverse the judgment and sentence and remand for a new trial. In this case of first impression, the State and the trial court erroneously equated the "monetary value...

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