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HUGGINS v. STATE

No. 96-3308.

695 So.2d 894 (1997)

Kenneth HUGGINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 20, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the appellant's judgment and sentence. However, we strike the requirement that he pay $2,879.70 in restitution because evidence was presented that this restitution had been paid. The state properly concedes error on this point. Accordingly, the restitution order is stricken.

Judgment and sentence AFFIRMED; restitution order STRICKEN.

COBB, GOSHORN and ANTOON...

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