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BERRY v. STATE

No. AV-83.

458 So.2d 1155 (1984)

David Marshall BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 11, 1984.

Attorney(s) appearing for the Case

Michael Allen, Public Defender; and Charlene V. Edwards, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for appellee.

THOMPSON, Judge.

Berry appeals his conviction of burglary and the resulting judgment and sentence of 15 years. We affirm the conviction but reverse the sentence and remand for resentencing.

Although it is contended that the trial court erred in at least six respects, only three of the alleged errors warrant discussion. Berry's first contention is that the trial court erred in denying his motion to dismiss on double...

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