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FOSTER v. STATE

No. 92-01896.

624 So.2d 386 (1993)

Johnny FOSTER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 22, 1993.

Attorney(s) appearing for the Case

Julianne M. Holt, Public Defender, and Deborah A. Goins, Asst. Public Defender, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.

BLUE, Judge.

Johnny Foster, Jr., appeals the judgments and sentences imposed for the offense of arson and for violation of probation. We affirm the judgments in both cases and the sentence imposed for the violation of probation. We reverse the habitual violent felony offender sentence imposed on the arson case because it falls within the parameters of the holding in State v. Johnson, 616 So.2d 1 (Fla. 1993).

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