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JOHNSON v. STATE

No. 3D04-1023.

934 So.2d 482 (2004)

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

District Court of Appeal of Florida, Third District.

September 22, 2004.

Attorney(s) appearing for the Case

Demetrius Johnson, in proper person.

Charles J. Crist, Jr., Attorney General, and John Barker, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and SHEPHERD, JJ.

CONFESSION OF ERROR

PER CURIAM.

Based upon the state's proper confession of error, we reverse the denial of Defendant's 3.800 motion and remand for sentencing. At the time of the offense the defendant could not be sentenced as a habitual offender for a life felony. Martin v. State, 795 So.2d 143 (Fla. 3d DCA 2001). As the State confesses, the Defendant should be...

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