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EVERAGE v. STATE

No. BR-421.

516 So.2d 81 (1987)

Archie Edward EVERAGE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 4, 1987.

Attorney(s) appearing for the Case

Leo A. Thomas of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellant.

Patricia Conners, Asst. Atty. Gen., Tallahassee, for appellee.

THOMPSON, Judge.

Everage appeals a sentence imposed on him pursuant to this court's prior remand for resentencing. Everage's first argument on appeal is that at the time he was resentenced the trial court lacked jurisdiction to sentence him. We find merit in this argument, and reverse.

Everage's initial sentence of 36 years incarceration exceeded the recommended guidelines sentence of 12 to 17 years. That sentence...

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