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ADAMS v. STATE

No. 93-656.

640 So.2d 1255 (1994)

Anthony ADAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 17, 1994.

Attorney(s) appearing for the Case

Anthony M. Genova, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and GODERICH, JJ.

PER CURIAM.

As the state correctly and commendably concedes, the fifty-year sentence imposed on the defendant Anthony Adams following his conviction by a jury for the life felony of second-degree murder with a firearm [§§ 782.04(2), 775.087(1)(a), Fla. Stat. (1989)] is unlawful because a life felony can only carry a "term of imprisonment for life or by a term of imprisonment not exceeding 40 years." § 775.082(3)(a), Fla. Stat. (1989). Accordingly, the...

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