CUNNINGHAM 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 ALFREDO H. CUNNINGHAM, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-1551 ** LOWER TRIBUNAL NO. 96-26863 ** Opinion filed December 10, 2003. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Miami-Dade County, David H. Young, Judge. Alfredo H. Cunningham, in proper person. Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., LEVY and SHEVIN, JJ. PER CURIAM. Pursuant to the State s proper concession, we vacate the defendant s convictions for possession of a firearm by a convicted felon, as required by Thomas v. State, 777 So. 2d 957 (Fla. 2001). On remand, the defendant s sentence on this conviction shall also be vacated. The order is affirmed in all other respects. Conviction vacated; remanded with instructions.

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