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SANTANA v. STATE

No. 83-1570.

442 So.2d 1103 (1983)

Ruben SANTANA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 27, 1983.

Attorney(s) appearing for the Case

Humberto J. Aguilar, Miami, for appellant.

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Ruben Santana filed a motion to correct sentence pursuant to Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla. 1980). The trial court granted the motion and, without the defendant's being present, resentenced Santana to five years in the state penitentiary, a sentence that was at variance with Santana's plea agreement. The state candidly and appropriately acknowledges the compound error...

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