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FUSTON v. STATE

No. 2D02-4003.

838 So.2d 1205 (2003)

Charles B. FUSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 28, 2003.

Attorney(s) appearing for the Case

Charles B. Fuston, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Chief Judge.

Charles B. Fuston appeals the denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State has filed a thorough and professional answer brief admitting that the minimum mandatory terms imposed at a second sentencing hearing in January 1994 are illegal and further suggesting that the judgment should be amended to reflect a conviction for burglary with battery rather than burglary of an occupied...

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