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SWAIN v. STATE

No. 2D02-668.

842 So.2d 858 (2003)

Calvin SWAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 8, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Calvin Swain appeals sentences he received in seven separate cases after being accorded postconviction relief. Based upon the State's concession of error, we reverse the sentences in trial court case numbers 94-10608, 95-16854, 97-2544, 97-11112, 97-11113, and 97-20542 and remand for resentencing.

First, as the State concedes, the sentences in case numbers 94-10608 and 95-16854 were initially true split sentences and thus cannot now exceed the...

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