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403 So. 2d 1153

Bates v. State

District Court of Appeal of Florida

Decided September 30, 1981

District Court of Appeal of Florida · decided 1981-09-30

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n

Decided 1981-09-30

PER CURIAM.

¶1Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. State, 396 So.2d 1107 (Fla.1980). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

HOBSON, A. C. J., and DANAHY and CAMPBELL, JJ., concur.
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