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MARTINEZ v. STATE

No. 91-2126.

602 So.2d 700 (1992)

Pedro MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 12, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

In this appeal the state concedes, and we agree, that the trial court erred in sentencing defendant as a habitual felony offender for a misdemeanor battery conviction. See section 775.084(1)(a)(2), Fla. Stat. (1991). We reverse the sentence and remand, therefore, with instructions to correct this obvious oversight. We affirm on all other issues.

DOWNEY, STONE and FARMER...

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