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FAYNE v. STATE

No. 98-2501.

740 So.2d 31 (1999)

Harliss Lee FAYNE, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 26, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Harliss Lee Fayne, III, (Fayne) in this direct appeal, argues that his 268.2 months' sentence for two second degree felonies, to run concurrently for a period of 148.2 months in state prison followed by a probationary period of 10 years, is illegal. We agree and remand for resentencing.

Fayne entered a plea of nolo contendere to the charges of an attempt to commit a sexual battery upon a person less than 12 years of age by a person less than 18...

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