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WATSON v. STATE

No. 80-372.

392 So.2d 60 (1981)

Stephen Richard WATSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 7, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Both parties agree that error was committed when appellant was sentenced pursuant to a plea agreement to both first degree felony murder and the underlying felony of armed robbery. On the authority of State v. Pinder, 375 So.2d 836 (Fla. 1979), we vacate the judgment and sentence for armed robbery.

ORFINGER and COWART...

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