CURTIS HARVEY v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STAT E OF FLORIDA CURTIS HARVEY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D99-4629 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 30, 2003. An appeal from the Circuit Court for Duval County. Lance M. Day, Judge. Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee. WOLF, C.J. In light of the Supreme Court s decision and mandate in Harvey v. State, 28 Fla. L. Weekly S470 (Fla. June 12, 2003), and the state s concession of error, we vacate the sentencing in this case and order that the appellant be sentenced in accordance with the dictates of Heggs v. State, 759 So. 2d 620 (Fla. 2000). DAVIS and BROWNING, JJ., CONCUR.

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