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JACKSON v. STATE

No. 80-1191.

399 So.2d 438 (1981)

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

District Court of Appeal of Florida, Fifth District.

June 3, 1981.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

Having considered the arguments on appeal, we affirm the appellant's conviction. However, under the authority of Villery v. Florida Parole and Probation Comm'n., 396 So.2d 1107 (1981) [1981 FLW 313], we reverse the sentence and remand the cause to the trial court for resentencing pursuant to the requirements therein.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB, FRANK D. UPCHURCH, Jr...

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