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HERRERA v. STATE

No. 88-2389.

546 So.2d 1170 (1989)

Alfredo HERRERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 1, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

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

Before HUBBART, NESBITT and LEVY, JJ.

PER CURIAM.

The defendant's conviction for armed robbery is affirmed on the authority of Montes v. State, 516 So.2d 1047 (Fla. 3d DCA 1987).

Nonetheless, the defendant's sentence must be reversed and the case remanded for proper sentencing because it was erroneous to factor in the additional offense of possession of a firearm by a convicted felon which had been nolle prossed...

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