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CITO v. STATE

No. 2D12-4656.

150 So.3d 829 (2014)

Vito Paul CITO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 10, 2014.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Tim Bower Rodriguez , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Dawn A. Tiffin , Assistant Attorney General, Tampa, for Appellee.

Vito Cito challenges his judgments and sentences for two counts of aggravated assault (counts III and IV) and one count of discharging a firearm from a vehicle within 1000 feet of a person (count V). Cito argues, and the State concedes, that the court imposed an illegal sentence on count V. We agree and reverse. We affirm

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