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CUNNINGHAM v. STATE

No. 93-2232.

648 So.2d 328 (1995)

Walter CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 25, 1995.

Attorney(s) appearing for the Case

Louise A.D. Jones, Louise A.D. Jones, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse, in part, a final order on Appellant's motion for post-conviction relief. There is no record support for Appellant's sentence as a habitual violent offender. It is undisputed that Appellant, sentenced pursuant to a plea, did not agree to be sentenced as a habitual violent offender. Therefore, the sentence imposing a minimum mandatory term is in error. On remand, the trial court need not conduct a resentencing, but need only strike the minimum...

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