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BELL v. STATE

No. 88-3144.

558 So.2d 116 (1990)

Ernest Thomas BELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 7, 1990.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Lawrence M. Korn, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Ernest Thomas Bell appeals a judgment and sentence adjudicating him guilty of murder in the third degree with a firearm and sentencing him to 12 years' incarceration with a 3-year mandatory minimum. The state concedes that our decision in Webb v. State, 410 So.2d 944 (Fla. 1st DCA 1982), supports Bell's position that the lower court erred in reclassifying his conviction at sentencing from a second-degree felony...

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