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Florida District Courts of Appeal, 1997

Jenkins v. State

Jenkins v. State
Florida District Courts of Appeal · Decided November 26, 1997 · Fletcher, Gersten, Shevin
701 So. 2d 129; 1997 Fla. App. LEXIS 13326; 1997 WL 731897 (Southern Reporter, Second Series)

Jenkins v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

Upon the State’s proper confession of error, we reverse the defendant’s seventeen year sentence for attempted sexual battery with a weapon and direct the trial court to resentence the defendant on that count to a sentence not exceeding fifteen years. See § 777.04(4)(b), Fla. Stat (1987); § 794.011(3), Fla. Stat. (1987). The defendant need not be present at resentencing. See Tosco v. State, 686 So.2d 787 (Fla. 3d DCA 1997).

Reversed and remanded.

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