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PERRY v. STATE

No. 76-1342.

347 So.2d 1093 (1977)

Edward B. PERRY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 15, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Stephen O. Rushing, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant's conviction is affirmed but appellant's sentence to an indeterminate term of imprisonment from one to twenty years is vacated and the cause remanded for resentencing to a term of imprisonment from six months to twenty years. Cox v. State, 344 So.2d 1324 (Fla. 2d DCA 1977). Appellant need not be present at resentencing.

HOBSON, A.C.J., and McNULTY and SCHEB...

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