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WHEELER v. STATE

No. 2D13-2214.

129 So.3d 469 (2014)

Phillip J. WHEELER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 3, 2014.

Attorney(s) appearing for the Case

Phillip J. Wheeler, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and C. Suzanne Bechard , Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Phillip J. Wheeler appeals the postconviction court order granting his motion filed under Florida Rule of Criminal Procedure 3.800(a). The State properly concedes error. We reverse the order of the postconviction court with directions for the court to vacate Wheeler's sentence and resentence him.

On February 6, 1997, Wheeler entered an open plea of guilty to sexual battery with a deadly weapon or force, a life felony. At sentencing, the trial...

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