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PEEK v. STATE

No. 5D13-755.

143 So.3d 1101 (2014)

Robert PEEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 1, 2014.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Noel A. Pelella , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Robert Peek (defendant) timely appeals two of his sentences. Determining that the trial court misinterpreted the habitual felony offender (HFO) statute1 to require a sentence greater than the statutory maximum, we vacate the defendant's two second-degree felony sentences and remand for resentencing.

The defendant entered a negotiated plea on two counts of dealing in stolen property and two counts of providing false verification...

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