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STEPHENS v. STATE

No. 83-403.

444 So.2d 498 (1984)

Johnathan STEPHENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 3, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Judge.

Appellant Johnathan Stephens urges us to reverse his judgment and sentence for the "nonexistent" offense of temporary unauthorized use of a motor vehicle1 and to remand to the trial court for his discharge. We reverse appellant's conviction but conclude that he is not entitled to discharge.

Appellant was charged by information with grand theft of a motor vehicle under section 812.014(2)(b), Florida Statutes (1981...

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