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Smith v. State

District Court of Appeal of Florida, First District
Oct 15, 1987
513 So. 2d 1113 (Fla. Dist. Ct. App. 1987)

Opinion

No. BS-208.

October 15, 1987.

Appeal from the Circuit Court for Alachua County; Nath Doughtie, Judge.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., for appellee.


Appellee filed a motion to relinquish jurisdiction so that the trial court could vacate appellant's sentence and impose a sentence which did not exceed the statutory maximum. The only issue raised by appellant is the imposition of a sentence in excess of the statutory maximum. Therefore, the motion to relinquish jurisdiction is denied. See Hope v. State, 513 So.2d 217 (Fla. 1st DCA 1987).

Accordingly, appellant's sentence is vacated and this cause is remanded for resentencing.

MILLS, JOANOS and BARFIELD, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Oct 15, 1987
513 So. 2d 1113 (Fla. Dist. Ct. App. 1987)
Case details for

Smith v. State

Case Details

Full title:MARCUS DEON SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 15, 1987

Citations

513 So. 2d 1113 (Fla. Dist. Ct. App. 1987)

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