Opinion
No. 82-1842.
October 18, 1983.
Appeal from Circuit Court, Dade County; D. Bruce Levy, Judge.
Bennett H. Brummer, Public Defender, and Linda L. Carroll, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.
Before BARKDULL, NESBITT and JORGENSON, JJ.
The defendant's convictions are affirmed. See Tejeda-Bermudez v. State, 427 So.2d 1096 (Fla. 3d DCA 1983); State v. Hudson, 397 So.2d 426 (Fla. 2d DCA 1981); McKnight v. State, 319 So.2d 647 (Fla.3d DCA 1975).
The state has conceded to an error in the sentencing documents which resulted in a minimum mandatory three-year sentence for the conviction of rape without use or threatened use of a firearm. We therefore reverse that portion of the sentence and remand to the trial court with directions to correct the sentencing error.
Affirmed in part, reversed in part and remanded with directions.