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STATE v. SMITH

No. 84-1545.

470 So.2d 764 (1985)

STATE of Florida, Appellant, v. James Henry SMITH, Appellee.

District Court of Appeal of Florida, Fifth District.

May 30, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellee.

ORFINGER, Judge.

The State appeals from the sentence imposed on defendant contending that such sentence is illegal.1 We vacate the sentence and remand for resentencing.

Charged by indictment with first degree murder in the April 24, 1983 shooting death of Willie Mills, defendant pleaded guilty to second degree murder with a firearm and the plea was accepted by the court. At the sentencing...

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