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SMITH v. STATE

No. 93-355.

625 So.2d 985 (1993)

Edward SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 26, 1993.

Attorney(s) appearing for the Case

Edward Smith, in pro. per.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and LEVY, JJ.

PER CURIAM.

Upon the state's confession of error, with which we agree, the order denying the defendant's motion to correct an illegal sentence, filed pursuant to Fla.R.Crim.P. 3.800(a), is reversed and the cause is remanded to the trial court with directions to set aside the defendant Edward Smith's sentence of twelve-years imprisonment for grand theft, third degree, imposed after declaring the defendant an habitual violent felony offender [§ 775.084(3), (4)...

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