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OLIVER v. STATE

No. 81-1800.

414 So.2d 1087 (1982)

Franklin Douglas OLIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

As Clarified June 4, 1982.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's conviction and his maximum sentence for attempted first degree murder. However, the sentencing order and transcript of the sentencing hearing are silent on the court's particular justification for retention over the first third of the sentence.

Accordingly, we REMAND to the court with instructions to either relinquish jurisdiction over the first third of the sentence or state with individual particularity the justification...

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