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BAXTER v. STATE

No. 90-2749.

584 So.2d 1034 (1991)

Rubin BAXTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 24, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Jill Hanekamp, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction, but remand for resentencing and notice and hearing as to the assessment of a public defender's fee and investigation costs.

The state concedes that appellant could not be adjudged a habitual offender as all of his prior convictions occurred on the same day. See Williams v. State, 573 So.2d 451 (Fla. 4th DCA 1991).

The state further concedes that the trial court...

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