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WOODSIDE v. STATE

No. 94-2637.

661 So.2d 140 (1995)

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

District Court of Appeal of Florida, Third District.

October 18, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Paul M. Gayle-Smith, Assistant Attorney General, for appellee.

Before BARKDULL, HUBBART and LEVY, JJ.

CONFESSION OF ERROR

PER CURIAM.

The State correctly concedes that the trial court erred in sentencing the defendant to thirty years imprisonment for "resisting an officer with violence" because that offense is a third degree felony with a habitual offender statutory maximum sentence of ten years imprisonment.

Accordingly, this cause must be remanded to the trial court for re-sentencing consistent

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