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JENKINS v. STATE

No. 88-2393.

556 So.2d 427 (1989)

Eugene JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 1, 1990.

Attorney(s) appearing for the Case

Eugene Jenkins, Starke, pro se appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from an order denying appellant's motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing for reasons which follow.

Appellant was convicted of first degree murder and sentenced to life in prison. Section 775.082(1), Florida Statutes (1977) provided that:

A person who has been convicted of a capital...

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