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SMITH v. STATE

No. CC-458.

339 So.2d 298 (1976)

Gerald SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 22, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Michael M. Corin, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The judgments are AFFIRMED, but the cause is REMANDED with directions to sentence the defendant on one count only, as the two counts were part of the same criminal transaction. Robinson v. State, 325 So.2d 427 (Fla.App. 1st, 1976). The defendant need not be present when the sentence is so modified.

AFFIRMED, but REMANDED for correction of sentences.

BOYER, C.J., and MILLS and SMITH...

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