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BAKER v. STATE

No. 3D00-3547.

776 So.2d 374 (2001)

Michael James BAKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 7, 2001.

Attorney(s) appearing for the Case

Michael James Baker, for appellant.

Robert A. Butterworth, Attorney General and Jill K. Traina, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

The order below denying the appellant's motion to correct an illegal sentence under Fla.R.Crim.P. 3.800(a) is reversed for resentencing on the basis of the admirably candid and helpful response filed by the State:

The appellant, Michael James Baker, is currently under the lawful custody of the State of Florida, pursuant to a valid conviction by a jury for burglary of an automobile and grand theft. * * *...

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