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SAMUELS v. STATE

No. 95-3587.

681 So.2d 915 (1996)

Peter SAMUELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions and sentences with the exception of the three-year mandatory minimum sentence.

The state concedes and we agree that the trial court erred when it sentenced appellant to a three-year mandatory minimum sentence for shooting into an occupied dwelling. Section 775.087(2), Florida Statutes (1991) does not apply to a conviction for shooting into an occupied dwelling. See...

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