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ERAETA v. STATE

No. 90-0384.

575 So.2d 206 (1991)

Alfred ERAETA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 20, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Jill Hanekamp and Paul Petillo, Asst. Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant was charged with and found guilty of one count of attempted murder and two counts of resisting arrest with violence. The trial court sentenced him to a term of life with no possibility of parole for twenty-five years. We vacate the sentence and remand for resentencing as appellant was neither charged with nor convicted of attempted murder of a law enforcement officer engaged in the lawful performance of his duties. See § 784.07(3...

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