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617 So. 2d 1171

Avery v. State

District Court of Appeal of Florida · decided 1993-05-21

Relies on 614 So. 2d 486 - Ashley v. State

Decided 1993-05-21

PER CURIAM.

¶1The state properly concedes that this ease, still in the appellate “pipeline”, is controlled by the supreme court’s decision in Ashley v. State, 614 So.2d 486 (Fla.1993). Accordingly, as in Ashley, appellant’s habitual offender sentence is vacated and remanded for resentencing within the guidelines.

¶2REVERSED and REMANDED.

GOSHORN, C.J., and GRIFFIN and DIAMANTIS, JJ., concur.
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