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STATE v. PILCHER

No. 82-1270.

443 So.2d 366 (1983)

STATE of Florida, Appellant, v. Alan Bruce PILCHER, Appellee.

District Court of Appeal of Florida, Fifth District.

December 29, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Theresa K. Edwards, Asst. Public Defender, Daytona Beach, for appellee.

DAUKSCH, Judge.

This is a proper appeal by the state from an alleged illegal sentence. Rule 9.140(c)(1)(I). The state says the sentence is illegal because the judge refused to require appellee to serve a minimum of three years. See, § 775.087, Fla. Stat. (1981). The allegations and proof against appellee regard a burglary where he stole a firearm along with other items.

This case is novel and is not governed by Mills v. State,

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