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MENTOR v. STATE

No. 3D08-3092.

44 So.3d 195 (2010)

Jean MENTOR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 30, 2010.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Amy Weber and Stephen J. Weinbaum , Assistant Public Defenders, for appellant.

Bill McCollum , Attorney General, and Rolando A. Soler , Assistant Attorney General, for appellee.

Before CORTIÑAS and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Jean Mentor appeals his convictions and sentence for second-degree murder, armed robbery and armed burglary.1 We affirm Mentor's convictions without comment. However, we agree with Mentor's contention that his sentence must be vacated because the trial court impermissibly considered his protestation of innocence in determining his sentence. The State correctly concedes error on this point.2

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