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KERSEY v. STATE

No. 87-933.

515 So.2d 261 (1987)

Dean Robert KERSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing and to Certify Conflict November 5, 1987.

Attorney(s) appearing for the Case

Dean Robert Kersey, in pro. per.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Kersey appeals from a summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find no merit to Kersey's first five points, but with regard to the challenge of the legality of his 30-year sentence, we vacate the sentence and remand for resentencing, on the authority of Frierson v. State, 511 So.2d 1016, (Fla. 5th DCA, 1987).

Kersey was convicted...

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