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SPRINGATE v. STATE

No. 94-2029.

647 So.2d 1081 (1995)

John W. SPRINGATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 13, 1995.

Attorney(s) appearing for the Case

John W. Springate, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Timothy D. Wilson, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Springate appeals from an order summarily denying his motion to correct sentence. He was sentenced as an habitual felony offender based on out-of-state prior convictions. We vacate the sentence, because Springate was sentenced pursuant to the 1989 amendment to the habitual felony offender statute which the supreme court held unconstitutional in State v. Johnson, 616 So.2d 1 (Fla. 1993), and the state concedes...

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