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STATE v. MITCHELL

No. 91-256.

582 So.2d 828 (1991)

The STATE of Florida, Appellant, v. Lester Kenneth MITCHELL, Appellee.

District Court of Appeal of Florida, Third District.

July 30, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Katherine B. Johnson, Asst. Atty. Gen., Janet Reno, State Atty., and William J. Johnson, Asst. State Atty., for appellant.

Howard K. Blumberg, Miami, for appellee.

Before BASKIN, JORGENSON and LEVY, JJ.

PER CURIAM.

Upon the appellee's proper confession of error, predicated on the authority of State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991), the sentence entered in this case is reversed, and this cause is remanded with directions to the trial court to give the appellee the option of either being sentenced to a guidelines sentence or withdrawing his plea of guilty and proceeding to trial.

Reversed...

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