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MILBY v. STATE

Nos. AZ-447, BE-264.

472 So.2d 900 (1985)

Timothy MILBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 12, 1985.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender; and Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

Timothy Milby appeals two judgments and sentences for burglary and grand theft. He contends that after affirmatively electing to be sentenced under the guidelines he is entitled to be resentenced because he did not knowingly waive his right to parole. This issue has been determined contrary to appellant's position in Moore v. State, 455 So.2d 535 (Fla. 1st DCA 1984).

Appellant next contends that there...

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