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357 So. 2d 200

Glass v. State

District Court of Appeal of Florida

Decided February 28, 1978

District Court of Appeal of Florida · decided 1978-02-28

Relies on Santobello v. New York

Decided 1978-02-28

¶1ON REHEARING GRANTED

PER CURIAM.

¶2The Appellant petitions for a rehearing urging that our opinion should have required that a different judge resentence her, citing Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).

¶3The Supreme Court in reversing the New York Court directed that should the Court upon remand require specific performance of the plea agreement, a different judge should resentence the defendant.

¶4Our opinion affirmed the proceedings in the trial court except the sentence exceeding the maximum sentence provided by law.

¶5Santobellodictates a different judge should resentence the defendant in this case.

McCORD, C. J., BOYER, J., and McLANE, RALPH M., Associate Judge, concur.
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