Avery v. State

PER CURIAM.

The state properly concedes that this ease, still in the appellate “pipeline”, is controlled by the supreme court’s decision in Ashley v. State, 614 So.2d 486 (Fla.1993). Accordingly, as in Ashley, appellant’s habitual offender sentence is vacated and remanded for resentencing within the guidelines.

REVERSED and REMANDED.

GOSHORN, C.J., and GRIFFIN and DIAMANTIS, JJ., concur.