BARNES V. STATE

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 ROBERTO BARNES, Appellant, ** ** vs. ** CASE NO. 3D03-2690 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 87-29960 Appellee. ** Opinion filed March 31, 2004. An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge. Roberto Barnes, in proper person. Charles J. Crist, Jr., Attorney General and Linda S. Katz, Assistant Attorney General, for appellee. Before COPE, GODERICH, and GREEN, JJ. PER CURIAM. 1 CONFESSION OF ERROR Based on the State s proper confession of error, we remand with instructions to correct the appellant s sentence to reflect the 945 days actually served, in addition to the time credited to appellant in the trial court s order granting motion to correct illegal sentence. See Fla. R. Crim. P. 3.800(a); Andrews v. State, 822 So. 2d 540, 541 (Fla. 2d DCA 2002). We affirm all other aspects of the trial court s order. Affirmed in part, reversed instructions. 2 in part, remanded with

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