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635 So. 2d 1086

Perkins v. State

District Court of Appeal of Florida · decided 1994-05-09

Relies on 610 So. 2d 435 - Lamont v. State

Decided 1994-05-09

PER CURIAM.

¶1Appellant, Jimmy Lee Perkins, appeals his conviction and sentence for trafficking in cocaine while carrying a firearm. Appellant argues that the trial court erred in sentencing appellant as an habitual offender for armed trafficking in cocaine because the offense is a life felony for which no habitualized sanction is authorized. The state concedes error in the sentencing based on the Florida Supreme Court’s decision in Lamont v. State, 610 So.2d 435 (Fla.1992). Finding no reversible error as to the conviction, we affirm appellant’s conviction. We reverse appellant’s sentence and remand for resentencing under the guidelines.

¶2AFFIRMED in part, REVERSED in part and REMANDED for resentencing.

MINER, MICKLE and DAVIS, JJ., concur.
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