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CARR v. STATE

No. 95-2904.

673 So.2d 189 (1996)

Lynell CARR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 1996.

Attorney(s) appearing for the Case

Norman W. Edwards, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Joni Braunstein, Assistant Attorney General, for appellee.

Before BARKDULL, JORGENSON and GODERICH, JJ.

PER CURIAM.

The points raised by the defendant attacking his conviction lack merit. However, as the State properly concedes, pursuant to Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994), the trial court improperly sentenced the defendant to a consecutive habitual offender sentence. Accordingly, the defendant's conviction is affirmed, but his sentence is reversed...

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