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CERKELLA v. STATE

No. 96-1655.

687 So.2d 367 (1997)

Olimpio CERKELLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 26, 1997.

Attorney(s) appearing for the Case

Olimpio Cerkella, in proper person.

Robert A. Butterworth, Attorney General, and Erin E. Dardis, Assistant Attorney General, for appellee.

Before COPE, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Olimpio Cerkella appeals the trial court's denial of his motion filed pursuant to Rule 3.800, Florida Rules of Criminal Procedure, seeking to correct an illegal sentence. Upon the State's proper confession of error, we remand with instructions to the trial court that Cerkella be resentenced to a term not to exceed forty years.

Reversed and remanded.

COPE, Judge (concurring).

In my view the trial court at resentencing may consider...

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