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STATE v. JACKSON

No. 81-43.

392 So.2d 362 (1981)

STATE of Florida, Appellant, v. Calvin JACKSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 19, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellant.

William N. Hutchinson, Jr., Fort Lauderdale, for appellee.

PER CURIAM.

This matter is before the court upon the state's motion to stay the release of the appellee. The appellee was convicted and sentenced in 1975 for sexual battery. The trial court, on January 9, 1981, upon consideration of appellee's amended motion to mitigate or vacate sentence, modified appellee's life sentence to time served plus three years of probation.

The state contends that under the holding in State v. Pitts, 227...

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