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NOVA v. STATE

No. 82-1766.

439 So.2d 255 (1983)

Louis NOVA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1983.

Attorney(s) appearing for the Case

Louis Nova, in pro. per.

Jim Smith, Atty. Gen. and Diane Zimmer Leeds, Asst. Atty. Gen., for appellee.

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

DANIEL S. PEARSON, Judge.

In 1982, Nova moved under Florida Rule of Criminal Procedure 3.850 to vacate his first-degree murder conviction and sentence imposed thereon. The essence of his complaint was that he agreed to be tried by a jury composed of six instead of twelve persons in exchange for the State's agreement that his maximum punishment if convicted would be twenty years and that this agreement was dishonored when, upon Nova's conviction, the court imposed...

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