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MARTIN v. STATE

No. LL-157.

371 So.2d 227 (1979)

Lee Hiram MARTIN, a/K/a "Don", Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 25, 1979.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, John D.C. Newton, II and Margaret Good, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Miguel A. Olivella, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant's 15-year sentence is vacated on authority of Massey v. State, 348 So.2d 1244 (Fla. 1st DCA 1977) and the cause is remanded for resentencing not to exceed five years.

ROBERT P. SMITH, Jr., Acting C.J., and ERVIN and LARRY G. SMITH...

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