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COOK v. STATE

No. 97-1506.

700 So.2d 1251 (1997)

Charles COOK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 5, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lara J. Edelstein, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state properly concedes it was error for the trial court to have imposed an habitual felony offender sentence for appellant's violation of section 893.13, Florida Statutes (1995), as such sentencing is impermissible under section 775.084(1)(a)(3). Although the trial court orally pronounced the correct sentence, the written sentence shows an habitual offender sentence for count I. We remand for the trial court to correct the sentence to conform with...

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