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SMITH v. STATE

No. 95-1707.

669 So.2d 1133 (1996)

Mark SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 20, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Avi J. Litwin, Assistant Attorney General, for appellee.

Before BARKDULL, NESBITT and GODERICH, JJ.

PER CURIAM.

In Smith v. State, 640 So.2d 1257 (Fla. 3d DCA 1994), this court ordered Mark Smith's two convictions for attempted felony murder vacated. Thereafter, the trial judge vacated those convictions and immediately mistakenly signed a judgment reimposing the convictions and resentencing Smith. The state has conceded these convictions must be reversed and the case remanded for correction of the sentence imposed.

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