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STATE v. TALLEY

No. 86-1181.

498 So.2d 1058 (1986)

STATE of Florida, Appellant, v. William TALLEY, Appellee.

District Court of Appeal of Florida, Second District.

December 17, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

We reverse and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla. 1985); State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1986). Since the sentence appears to have been a part of a plea bargain, defendant should be given the opportunity to withdraw his plea if a more severe sentence should be contemplated.

DANAHY, C.J., and LEHAN and HALL...

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