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BOOKER v. STATE

No. 75-286.

331 So.2d 392 (1976)

John Henry BOOKER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 30, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

DOWNEY, J., dissents, with opinion.

DOWNEY, Judge (dissenting).

Appellant pleaded guilty to one count of first degree murder and one count of second degree murder. Judgment and sentence was rendered on December 11, 1975.

On January 7, 1976, appellant filed a pro se "Motion for Apeal" in which he petitioned the court to modify his life sentence by suspending sentence and imposing...

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