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Milton JONES
v.
STATE of Florida
v.
STATE of Florida
No. 91-2123.
District Court of Appeal of Florida, Fourth District.
Jan 13, 1993.
Published opinion
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.
Dell, Gunther, Stone.
Published
PER CURIAM.
Appellant’s conviction is affirmed. The state concedes evidentiary error. However, upon a record review we conclude that it was harmless error. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).
Appellant’s sentence is reversed, as it concededly exceeds the maximum lawful sentence for aggravated assault. The cause is remanded for resentencing.
DELL, GUNTHER and STONE, JJ., concur.