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STATE v. WAGNER

No. 85-2169.

495 So.2d 283 (1986)

STATE of Florida, Appellant, v. Thomas WAGNER, Appellee.

District Court of Appeal of Florida, Second District.

October 3, 1986.

Attorney(s) appearing for the Case

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

John D. Fernandez, Clearwater, for appellee.

PER CURIAM.

In 1981, Thomas Wagner was sentenced to ten years for importing marijuana. He appealed and, in 1983, this court affirmed. Smith v. State (Thomas Wagner), 438 So.2d 10 (Fla. 2d DCA 1983). Wagner failed to appear to serve his sentence and remained a fugitive until 1985. Upon his recapture, he was charged with the felony of failing to appear to which he pled guilty on the understanding that he would receive a two...

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