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EVANS v. STATE

No. 87-1056.

516 So.2d 5 (1987)

Larry Edward EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing December 10, 1987.

Attorney(s) appearing for the Case

Larry Edward Evans, in pro. per.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The defendant challenges, via appeal of the denial of a 3.850 motion, the imposition of a seven-year enhanced sentence for a third-degree felony. The instant sentence was imposed after October 1, 1983. Hence, we reverse pursuant to Frierson v. State, 511 So.2d 1016 (Fla. 5th DCA 1987), and remand for relief from the illegal sentence.

REVERSED.

UPCHURCH...

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