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PETTY v. STATE

Nos. 3D04-3250, 3D03-2934.

902 So.2d 360 (2005)

Walter Jerry PETTY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 8, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

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

Before GERSTEN, WELLS, and CORTIÑAS, JJ.

CONFESSION OF ERROR

PER CURIAM.

On the State's proper confession of error, we vacate the trial court's October 2, 2003 order re-sentencing Walter J. Petty to twenty-two years in prison for violating probation in case number F87-28182, and remand for: (1) re-imposition of the nine year sentence imposed on December 11, 1998 in case number F87-28182; and (2) re-sentencing on Counts 3 through 5 in case number F97-24199, utilizing the appropriate (1994...

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