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BARBERA v. STATE

No. 68942.

505 So.2d 413 (1987)

James Patrick BARBERA, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied May 6, 1987.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Fifteenth Judicial Circuit, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Jr., Atty. Gen., and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for respondent.

McDONALD, Chief Justice.

We have for review State v. Barbera, 487 So.2d 1184 (Fla. 4th DCA 1986), because of conflict with decisions of this Court and the other district courts of appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result reached by the district court, i.e., a remand for resentencing, but we quash that court's opinion.

Barbera pled guilty to the attempted murder of his...

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