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404 So. 2d 415

Buffa v. State

District Court of Appeal of Florida

Decided October 7, 1981

District Court of Appeal of Florida · decided 1981-10-07

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

Decided 1981-10-07

PER CURIAM.

¶1Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1980).

¶2Accordingly, 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 OTT and CAMPBELL, JJ., concur.
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