WASHINGTON 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. 2003 KEVIN LEE WASHINGTON, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-2281 ** LOWER TRIBUNAL NOS. 99-7635, 99-5206, 99-3392 ** ** Opinion filed July 9, 2003. An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid (Ft. Lauderdale), Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., GODERICH and SHEVIN, JJ. PER CURIAM. We reverse the order denying defendant s motion to correct illegal sentence. As the state properly concedes, defendant does not qualify for sentencing as a violent career criminal. Accordingly, we vacate defendant s sentence and remand for resentencing without regard to violent career criminal or violent habitual offender sentencing statutes. Order reversed; sentence vacated. -2-

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