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TINDLE v. STATE

No. 93-453.

627 So.2d 1354 (1993)

Jeremiah TINDLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

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

PER CURIAM.

The judgment is affirmed; however, the habitual offender sentence is vacated on the authority of Ashley v. State, 614 So.2d 486 (Fla. 1993) and remanded for resentencing. See section 948.06(1), Florida Statutes (1989) and Rule 3.701(d)(14), Florida Rules of Criminal Procedure.

Judgment AFFIRMED; sentence VACATED; REMANDED.

HARRIS, C.J., and GRIFFIN...

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