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SMITH v. STATE

No. 78-276.

365 So.2d 1058 (1978)

Thomas Blanton SMITH, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

OTT, Judge.

Thomas Blanton Smith, Jr. appeals contending that he was improperly sentenced. We agree and reverse.

Mr. Smith was charged in Pinellas County, Florida on May 13, 1974 with four counts of kidnapping contrary to § 805.01, Fla. Stat. (1973). Violation of that section — a felony of the second degree — was punishable by a 15 year term of imprisonment.

The charges could not be disposed of until early in 1978 since appellant...

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