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ALLEN v. STATE

No. 1D12-3021.

98 So.3d 1274 (2012)

Donald ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 19, 2012.

Attorney(s) appearing for the Case

Donald Allen, pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Donna A. Gerace , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant filed a rule 3.850 motion arguing that his conviction for simple possession of cocaine was incorrectly listed on the judgment as a second-degree felony when it is a third-degree felony. The appellant is correct, and in response to this Court's order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the state concedes error. See § 893.13(6)(a), Florida Statutes (1997...

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