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BROWN v. STATE

No. 82-2165.

439 So.2d 995 (1983)

Carl Lorenzo BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 26, 1983.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The State agrees with appellant that error was committed under the facts of this case in imposing a minimum mandatory sentence of three years. Overfelt v. State, 434 So.2d 945 (Fla. 4th DCA 1983). We reverse this aspect.

While we could simply affirm without prejudice to appellant's right to apply for remedy via Florida Rule of Criminal Procedure 3.850 as suggested by the State, we think it would conserve...

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