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STATE v. WHITE

No. 89-45.

554 So.2d 1231 (1990)

STATE of Florida, Appellant, v. Robert Lucian WHITE, Appellee.

District Court of Appeal of Florida, Fifth District.

January 11, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellee.

Robert A. Butterworth, Atty. Gen. and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellant.

HARRIS, Judge.

The State appeals the resentence given Robert Lucian White following remand from this court's decision in State v. White, 532 So.2d 1083 (Fla. 5th DCA 1988). The State claims the new sentence not only is inconsistent with the plea agreement but also violates this court's mandate. We agree and reverse.

This court held in the prior appeal that if the trial...

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