WILLIAMS v. STATE

No. 80-1954.

400 So.2d 100 (1981)

Kenneth WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 10, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Nicholas J. Capuano, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.


ON MOTION FOR REHEARING GRANTED

NESBITT, Judge.

The defendant appeals from the trial court's denial of his motion to set aside and correct his sentence, pursuant to Florida Rule of Criminal Procedure 3.850. We recede from our initial affirmance of the order without opinion because, at the time of release, we had not been enlightened by the Supreme Court's revised opinion in Villery v. Florida Parole and Probation Commission, 396 So...

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