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DIEGO v. STATE

No. 98-629.

716 So.2d 830 (1998)

Jose Eustaquio DIEGO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 26, 1998.

Attorney(s) appearing for the Case

Jose Eustaquio Diego, in proper person.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before COPE, FLETCHER and SORONDO, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing filed by the appellant, vacate and withdraw the opinion issued in this case on April 8, 1998, and substitute the following opinion for it.

We affirm the trial court's order denying the appellant's motion for post-conviction relief in all respects except one. We find that the motion should have been granted with respect to appellant's sentencing error point because it is...

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