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STATE v. CALDWELL

No. 88-1261.

537 So.2d 1142 (1989)

The STATE of Florida, Appellant, v. Freddie Benjamin CALDWELL, Appellee.

District Court of Appeal of Florida, Third District.

February 21, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Fariba Komeily, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HUBBART and NESBITT and BASKIN, JJ.

PER CURIAM.

Based on the authority of State v. Sesler, 386 So.2d 293 (Fla. 2d DCA 1980), as well as the defendant's confession of error, the sentence imposed in this case is reversed and the cause is remanded to the trial court with directions to give the defendant the option to (a) withdraw his nolo plea entered below and proceed to trial, or (b) be sentenced to a mandatory minimum sentence of three-years imprisonment under...

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