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KATES v. STATE

No. 73-461.

288 So.2d 260 (1974)

Ernest E. KATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 7, 1974.

Attorney(s) appearing for the Case

Ernest E. Kates, pro se, and James A. Gardner, Public Defender, Bradenton, and Elliott C. Metcalfe, Jr., and Robert B. Persons, Jr., Asst. Public Defenders, Sarasota, for appellant.

Robert E. Shevin, Atty. Gen., Tallahassee, and Guy E. Labalme, Asst. Atty. Gen., Tampa, for appellee.

MANN, Chief Judge.

The prosecutor did argue improperly to the jury, but on the entire record we find that the error is harmless.

It was error to sentence Kates on count II, and the sentence on that count is vacated. Cone v. State, Fla. 1973, 285 So.2d 12; Hernandez v. State, Fla.App.2d 1973, 278 So.2d 307. We see no necessity for the return of the appellant for resentencing.

Affirmed...

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