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RODRIGUEZ v. STATE

No. 3D05-860.

915 So.2d 231 (2005)

Eric RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 23, 2005.

Attorney(s) appearing for the Case

Eric Rodriguez, in proper person.

Charles J. Crist, Jr., Attorney General, Olga L. Villa, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN, and RAMIREZ, JJ.

PER CURIAM.

We affirm the trial court's order denying the defendant's motion to clarify sentence. The trial court properly sentenced the defendant to a ten-year minimum mandatory sentence under section 775.087(2)(a)(1), Florida Statutes (1999). The State concedes, however, that the written order improperly shows the defendant was sentenced to the ten-year minimum mandatory sentence under the habitual offender statute. Therefore...

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