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ROGERS v. STATE

No. 92-2326.

627 So.2d 1352 (1993)

Irvin Cornell ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.

THOMPSON, Judge.

Irvin C. Rogers appeals only his sentence as a habitual violent offender for first degree murder. We direct our attention to this one issue and only to this one issue. The state concedes error in the sentencing. We affirm the judgment, but correct the sentence imposed by the trial court.

Rogers was tried and convicted for first degree murder, a violation of section 782.04, Florida Statutes (1991). This felony is a capital felony. The maximum...

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