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RIVERS v. STATE

No. 80-413.

392 So.2d 913 (1980)

Charles RIVERS a/K/a Terrance Boyd, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 7, 1980.

Attorney(s) appearing for the Case

Charles Rivers, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and PEARSON, DANIEL, JJ.

PER CURIAM.

The summary denial of appellant's motion to vacate the term of five years probation with the special condition that he serve three years in the state penitentiary is reversed and remanded to properly re-sentence the defendant for the reasons and authorities cited in Freeman v. State, 382 So.2d 1307 (Fla.3d DCA 1980).

Reversed...

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