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GASSAWAY v. STATE

No. 80-2221.

400 So.2d 1324 (1981)

Michael Ray GASSAWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 22, 1981.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Eula Tuttle Mason, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Deborah A. Osmond, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant's conviction is affirmed but his sentence for attempted first degree murder is vacated and remanded for resentencing as attempts to commit a capital felony are sentenced as first degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. See King v. State, 390 So.2d 315 (Fla. 1980). Appellant need not be present at resentencing.

GRIMES...

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