PAYNE v. STATE

No. BA-314.

480 So.2d 202 (1985)

Ricky Jarade PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 19, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.


ON MOTION FOR REHEARING

JOANOS, Judge.

Appellant's motion for rehearing is granted in part and the following opinion is substituted for the previously issued opinion which is withdrawn.

Payne appeals a judgment for armed robbery and a twenty-one year sentence imposed pursuant to the sentencing guidelines. We affirm the judgment, but remand for resentencing because the trial court retained jurisdiction for one-third of the twenty-one year guidelines...

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