District Court of Appeal of Florida August 2, 1990, No. 89-1022 (McMillian v. State)

WENTWORTH, Judge.

Appellant seeks review of a judgment by which he was convicted of grand theft' after jury trial and sentenced as an habitual offender. We affirm the conviction but reverse the sentence because we agree with the state’s concession of error in application of the habitual offender statute.

Appellant was charged with grand theft based on involvement in a confidence “flimflam.