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STATE v. JOHN

No. 3D01-2409.

816 So.2d 1270 (2002)

The STATE of Florida, Appellant, v. Calvert L. JOHN, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 2002.

Attorney(s) appearing for the Case

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

Stephen H. Rosen, Coral Gables, for appellee.

Before LEVY, GERSTEN, and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

Based upon the appellee's appropriate Confession of Error, the sentence imposed in this case must be reversed because the trial court improperly waived the minimum mandatary sentence, required by Section 893.135(1)(b)1.b., Florida Statutes, over the objection of the State. Since the sentence entered was a condition of a plea of guilty, this cause must be remanded to the trial court with directions to vacate the sentence...

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