GARCIA 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 JANUARY TERM, A.D. 2004 ROGELIO GARCIA, ** Appellant, ** vs. ** THE STATE OF FLORIDA, ** Appellee. CASE NO.:3D03-3252 LOWER TRIBUNAL NO.:96-20274 ** Opinion filed February 25, 2004. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Rogelio Garcia, in proper person. Charles J. Crist, Jr., Attorney General, Bryson, Assistant Attorney General, for appellee. and Marni A. Before LEVY, GERSTEN, and WELLS, JJ. PER CURIAM. Based on the State s concession, on remand the defendant s sentence shall be corrected to delete the three (3) year minium mandatory sentence attached to defendant s manslaughter conviction and to resentence him to a straight term of nineteen (19) years as an habitual felony offender. In all other respects, the order denying defendant s 3.850 motion is affirmed.

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