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FELTON v. STATE

No. 82-160.

438 So.2d 1049 (1983)

Michael Gregory FELTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 18, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender and Larry Barocas, Legal Intern, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

BARKDULL, Judge.

After a jury trial in which he represented himself the appellant was convicted, sentenced to 60 years and given a mandatory minimum of 3 years. The court also retained jurisdiction over the first one-third of his sentence and ordered him to make restitution of $5,000. We reverse. Rule 3.111(d)(5) Florida Rules of Criminal Procedure reads as follows:

(5) If a waiver is accepted at any stage of the...

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