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STEWART v. STATE

No. 1D00-3817.

817 So.2d 1056 (2002)

Edward C. STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Terry Carley, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges a sentence which was imposed at a resentencing proceeding after this court's opinion issued in Stewart v. State, 790 So.2d 440 (Fla. 1st DCA 2000), rev. denied, 791 So.2d 1101 (Fla.2001). However, the mandate in that earlier appeal had not yet issued when the appellant was resentenced, and because the case was thus still pending on appeal the trial court did not have jurisdiction...

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