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SPENCER v. STATE

No. 90-2326.

588 So.2d 71 (1991)

James SPENCER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 5, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.

PER CURIAM.

Upon our review of the record and the state's confession of error, we vacate the defendant's sentence for attempted first-degree murder which was enhanced to a life felony based on defendant's use of a firearm because the information did not allege, as to that particular count, that a firearm was used. Cerrato v. State, 576 So.2d 351 (Fla. 3d DCA 1991). The cause is thus remanded for resentencing with directions...

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