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JACKSON v. STATE

No. 79-2530.

400 So.2d 1250 (1981)

Andrew JACKSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 19, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Tatjana Ostapoff, Asst. Public Defender, and Peter Birch, Legal Intern, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The defendant's conviction and sentence are affirmed. However, we hereby strike that portion of the sentence requiring the defendant to serve a mandatory minimum of three years' imprisonment pursuant to Section 775.087(2), Florida Statutes (1979).

AFFIRMED.

DOWNEY and MOORE, JJ., and BARKETT, ROSEMARY, Associate...

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