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GAINES v. STATE

No. 3D01-2352.

802 So.2d 1182 (2001)

Jerry P. GAINES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 16, 2002.

Attorney(s) appearing for the Case

Jerry P. Gaines, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, GODERICH, and FLETCHER, JJ.

PER CURIAM.

In 1977, appellant Jerry P. Gaines was convicted and sentenced, pursuant to plea, to life imprisonment for second degree murder, with the added provision of hard labor. We affirm Gaines's conviction and sentence for the first degree felony of second degree murder, but reverse for resentencing to eliminate the provision of "hard labor." § 782.04(3), Fla. Stat. (2000); § 775.082(3)(b), Fla. Stat. (2000); Holman v. State,

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