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CORNET v. STATE

No. 3D01-1040.

791 So.2d 593 (2001)

Stanley CORNET, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 22, 2001.

Attorney(s) appearing for the Case

Stanley Cornet, in proper person.

Robert A. Butterworth, Attorney General, and Consuelo Maingot (Ft.Lauderdale), Assistant Attorney General, for appellee.

Before GREEN, SHEVIN and RAMIREZ, JJ.

PER CURIAM.

Pursuant to the state's proper confession of error, we reverse the order denying defendant's motion to correct illegal sentence. A crime committed subsequent to the one for which defendant is being sentenced cannot serve as a qualifying felony for purposes of imposing a habitual offender sentence. Johnson v. State, 752 So.2d 702 (Fla. 2d DCA 2000). Thus, defendant lacks the requisite predicate offenses...

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