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SCHIMING v. STATE

No. 92-1158.

617 So.2d 813 (1993)

Ronald K. SCHIMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 30, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

Appellant appeals the denial of his rule 3.800(a) motion to correct what he claims to be an illegal sentence. We affirm in part, reverse in part, and remand for further proceedings.

In 1987 appellant was found guilty of attempted first degree murder for which he received a departure sentence of life; sexual battery for which he received a 15-year sentence; kidnapping for which he received a 40-year sentence; possession of a weapon in the...

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