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BLACKSHEAR v. STATE

Nos. 80-888, 80-959.

400 So.2d 196 (1981)

Robert BLACKSHEAR, Jr., and Vernon Lee Adams, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 1, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellants' split sentences are reversed for resentencing in conformity with Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981), a decision which was not available to the trial judge because it issued after the sentencing in this case.

REVERSED.

ORFINGER and SHARP, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting:

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