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ARCE v. STATE

No. 4D08-198.

974 So.2d 591 (2008)

Jose M. ARCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 20, 2008.

Attorney(s) appearing for the Case

Jose M. Arce, Chipley, pro se.

No appearance required for appellee.

PER CURIAM.

Upon our review of the most recent order denying Jose M. Arce's rule 3.800(a) motion, we reverse and remand with directions that Arce be resentenced without habitual offender designation. Within his initial motion Arce alleged that one of the predicate offenses used to support his habitual offender sentence was not his offense. Arce v. State, 946 So.2d 645 (Fla. 4th DCA 2007). We reversed the denial of relief...

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