CARLTON v. STATE

No. 95-2628.

662 So.2d 445 (1995)

Larry CARLTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 22, 1995.


Attorney(s) appearing for the Case

Larry Carlton, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before HUBBART and BASKIN and JORGENSON, JJ.


PER CURIAM.

Upon the state's confession of error, with which we agree, we reverse the order under review denying the defendant Larry Carlton's motion to vacate judgment and sentence under Fla.R.Crim.P. 3.850 and remand the cause to the trial court with directions: (1) to grant the defendant's motion to vacate solely as to the habitual felony offender sentence of five years imprisonment imposed on the conviction for unlawful possession of cocaine, as Section...

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