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MILLER v. STATE

No. 81-2421.

423 So.2d 623 (1982)

Wendell Lamar MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 22, 1982.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

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

PER CURIAM.

We remand this case with instructions for the trial court to vacate that part of appellant's sentence which requires the appellant to make restitution as a condition of parole and to strike the assessment of $10.00 costs because appellant is indigent. In all other respects, we affirm the conviction, judgment and sentence. See Stewart v. State, 420 So.2d 862 (Fla. 1982), Leary v. State,

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