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CORDOVES v. STATE

No. 90-1240.

574 So.2d 1157 (1991)

Isidro CORDOVES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 19, 1991.

Attorney(s) appearing for the Case

Emilio de la Cal, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before NESBITT, JORGENSON and GERSTEN, JJ.

PER CURIAM.

We affirm the defendant's conviction as it was within the jury's province to believe the lay testimony over the expert testimony. Byrd v. State, 297 So.2d 22 (Fla. 1974).

However, upon the state's proper confession of error, we reverse the sentence imposed and remand for resentencing. By sentencing the defendant to three years of incarceration to be followed by five years of probation, the trial court...

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