WITHERSPOON V. DEPT. OF CORRECTIONS

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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. 2002 ** JAMES WITHERSPOON, Appellant, ** vs. ** MICHAEL W. MOORE, Secretary of Florida Department of Corrections, Etc. Appellee. CASE NO. 3D02-770 ** LOWER TRIBUNAL NO. 92-16988 ** ** Opinion filed August 28, 2002. A case of original jurisdiction - Habeas Corpus. James Witherspoon, in proper person. Robert A. Butterworth, Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee. Before JORGENSON, COPE and SORONDO, JJ. PER CURIAM. We accept the State's confession of error and grant the petition for writ of habeas corpus. We remand to the trial court to correct petitioner's sentence by eliminating the three-year minimum mandatory in lower court case number 92-16988, thus conforming the written judgment of sentence to the oral pronouncement of the trial judge at time of sentencing. Petition granted. - 2 -

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