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LEWIS v. STATE

No. 80-782.

391 So.2d 381 (1980)

Elijah LEWIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 23, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lawrence E. Besser, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., BARKDULL, J., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

The life sentence, which was imposed by the trial court on March 28, 1980 and is now under review by this appeal, is reversed based on the authority of Troupe v. Rowe, 283 So.2d 857 (Fla. 1973), and the cause is remanded to the trial court with directions to reinstate the original sentence imposed by the trial court on January 22, 1980. The underlying judgment of conviction, however, is not attacked by the appellant...

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