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EFRAIMSON v. STATE

No. 91-0909.

592 So.2d 780 (1992)

Andrew George EFRAIMSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 29, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Debra Moses Stephens, Asst. Public Defender, West Palm Beach, for appellant.

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

STONE, Judge.

After setting aside the appellant's previous sentence on the authority of Smith v. State, 537 So.2d 982 (Fla. 1989), the trial court sentenced him to seventy-five years in prison for attempted murder, with sentences on other counts to run concurrent. We reverse as it was error to sentence appellant to more than the forty year maximum sentence allowed for a life felony under section 775.082(3)(a), Florida Statutes...

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