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SMITH v. STATE

No. 5D99-123.

771 So.2d 6 (2000)

Rodney T. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 22, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Rodney T. Smith, Sneads, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

We affirm the judgment and sentence. Because no objection was made to the sentence, the claim of error is not cognizable on appeal. Cf. Maddox v. State, 760 So.2d 89 (Fla.2000). However, we direct the trial court on remand to set a hearing on Smith's claim that he was sentenced erroneously as a result of ineffective assistance of counsel.

AFFIRMED and REMANDED...

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