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CARTER v. STATE

No. 96-3131.

709 So.2d 657 (1998)

Donald Bruce CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 22, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Carter was convicted of second degree murder and sentenced to thirty years in prison. We affirm the conviction, but Harris v. State, 685 So.2d 1282 (Fla.1996), limits the maximum sentence to twenty-two years. We remand for resentencing.

AFFIRMED in part; REVERSED in part and REMANDED.

COBB and W. SHARP...

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