WILSON V. STATE

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 LEROY WILSON, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D05-990 ** Appellee. ** ** LOWER TRIBUNAL NO. 95-38735 Opinion filed July 27, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge. Leroy Wilson, in proper person. Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee. Before GREEN, RAMIREZ, and WELLS, JJ. CONFESSION OF ERROR PER CURIAM. Leroy Wilson appeals from denial of a 3.800 motion in which he claimed that his sentence offender (HVFO) was illegal. as a habitual violent felony Based on the State s concession that Wilson s sentence as a HVFO is illegal because Wilson has never been convicted of one of the predicate offenses enumerated in section 775.084 (1)(b)1, Florida Statutes (2000), we vacate the HVFO sentence imposed and remand for resentencing. 2

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