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Jackson v. State

District Court of Appeal of Florida, First District
May 25, 2007
956 So. 2d 1248 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-1918.

May 25, 2007.

An appeal from the Circuit Court for Alachua County. Mary Day Coker, Acting Circuit Judge.

Nancy A. Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


ON MOTION FOR REHEARING


We grant appellant's request for rehearing, withdraw our previous opinion, and substitute the following.

Appellant raises two issues on appeal; we find one has merit. We determine, as conceded by the State, that in light of the Florida Supreme Court's decision in State v. Hearns, 32 Fla. L. Weekly S177, ___ So.2d ___, 2007 WL 1215452 (Fla. Apr. 26, 2007), the trial court erred in ruling that appellant's reclassified battery on a detainee conviction qualifies for violent career criminal sentencing. We, therefore, reverse and remand for resentencing.

ALLEN, WOLF, and POLSTON, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, First District
May 25, 2007
956 So. 2d 1248 (Fla. Dist. Ct. App. 2007)
Case details for

Jackson v. State

Case Details

Full title:Randolph JACKSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 25, 2007

Citations

956 So. 2d 1248 (Fla. Dist. Ct. App. 2007)