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TOMS v. STATE

No. 82-2567.

430 So.2d 553 (1983)

George TOMS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 29, 1983.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. However, this affirmance is without prejudice to appellant's raising the illegality of his sentence under Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla. 1980), by way of a Florida Rule of Criminal Procedure 3.850 motion filed in the trial court.

BOARDMAN, A.C.J., and RYDER and DANAHY...

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