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JOHNSON v. STATE

No. 3D01-3100.

811 So.2d 815 (2002)

Preston JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 20, 2002.

Attorney(s) appearing for the Case

Preston Johnson, in proper person.

Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler (Ft. Lauderdale), Assistant Attorney General, for appellee.

Before GREEN and SHEVIN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Although the trial court properly denied defendant's Rule 3.800 motion on the grounds asserted by defendant, the state commendably raises a meritorious sentencing error. The state correctly concedes that Lewis v. State, 789 So.2d 974 (Fla. 2001), and Grant v. State, 770 So.2d 655 (Fla.2000), mandate that defendant's habitual violent offender sentence be vacated. We, therefore...

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