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LOWERY v. STATE

Nos. 81-1095, 81-1108.

418 So.2d 1123 (1982)

John H. LOWERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 10, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Michael S. Becker, Asst. Public Defender, and Leonard R. Ross, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant was sentenced to 25 years, split 15 years incarceration to be followed by 10 years probation. He successfully attacked his sentence on the basis of Villery v. Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981), and was resentenced to a straight 25 years incarceration. On appeal he claims his resentencing is illegal under North Carolina v. Pearce, 395 U.S. 711

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