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ARCE v. STATE

No. 3D20-511.

323 So.3d 1292 (2021)

Luigi Rick ARCE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed September 22, 2021.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender and Susan S. Lerner , Assistant Public Defender, for appellant.

Ashley Moody , Attorney General, and Sandra Lipman , Assistant Attorney General, for appellee.

Before LOGUE, GORDO and BOKOR, JJ.

ON CONFESSION OF ERROR

Luigi Rick Arce appeals his sentence after a plea on a probation violation. The State concedes that "it was error to assess 24 community sanction violation points for a new felony when a new felony was not the basis for the violation." As "the reviewing court cannot determine conclusively from the record...

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