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GARCIA v. STATE

No. 97-3450.

719 So.2d 1262 (1998)

Armando GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 4, 1998.

Attorney(s) appearing for the Case

Armando Garcia, in proper person.

Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General, for appellee.

Before NESBITT, JORGENSON and COPE, JJ.

PER CURIAM.

On appeal of the denial of his motion to correct an illegal sentence, Armando Garcia alleges that his January 1994 sentence, upon revocation of probation, as a habitual felony offender was improper. Upon the State's confession of error and our independent review, we agree. We hereby vacate Garcia's sentence on consolidated cases 91-7770, 92-11199, 92-16979 and 92-16980, and remand for resentencing. We affirm Garcia's sentence on case 93-36193.

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