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HERRING v. STATE

No. 87-1979.

532 So.2d 1328 (1988)

Calvin HERRING, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 1, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lee Weissenborn, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Nancy C. Wear and Michael Neimand, Asst. Attys. Gen., for appellee.

Before HUBBART, BASKIN and JORGENSON, JJ.

PER CURIAM.

Following our decision in Herring v. State, 501 So.2d 19 (Fla. 3d DCA 1986), defendant was retried. Upon conviction, the trial court imposed a sentence in violation of the rule set forth in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 12 L.Ed.2d 656 (1969). We therefore affirm the convictions and the sentence on Count II; vacate the sentence on Count I; and remand...

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