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MINCEY v. STATE

No. 95-3658.

688 So.2d 1037 (1997)

Gary MINCEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 1997.

Attorney(s) appearing for the Case

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

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

Before JORGENSON, FLETCHER and SORONDO, JJ.

PER CURIAM.

Upon the state's proper confession of error, we reverse that portion of the defendant's sentence which imposed a consecutive three year minimum mandatory prison term pursuant to section 778.087, Florida Statutes (1995), to the fifteen year minimum mandatory sentence imposed on the defendant pursuant to section 778.084(4), Florida Statutes (1995), the Habitual Violent Offender Statute.

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