THOMAS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 WILLIE THOMAS, ** Appellant, ** vs. ** CASE NO. 3D01-761 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 93-42993 Appellee. ** Opinion filed August 22, 2001. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Scott J. Silverman, Judge. Willie Thomas, in proper person. Robert A. Butterworth, Attorney General and Kristine Keaton (Fort Lauderdale), Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and SORONDO, JJ. PER CURIAM. As the state has agreed, the life sentence imposed upon the appellant as a habitual violent felony offender for the crime of burglary with an assault with a deadly weapon is vacated, see Thomas v. Singletary, 751 So. 2d 66 (Fla. 2d DCA 1999); Klein v. State, 731 So. 2d 115 (Fla. 2d DCA 1999), and the cause is remanded for resentencing as to that offense alone. His life sentence with minimum mandatory provisions as a habitual violent felony offender as to the offense of armed robbery was, however, correct, see § § 775.084(1)(b), (4)(a), Fla. Stat. (1995); § 812.13(2)(a), (b), Fla. Stat. (1995); Raulerson v. State, 609 So. 2d 1301 (Fla. 1992); Lovett v. State, 773 So. 2d 574 (Fla. 3d DCA 2000), and the denial of relief below as to that sentence is affirmed. Affirmed in part, reversed in part. 2

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