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412 So. 2d 17

Wheeler v. State

District Court of Appeal of Florida

Decided February 3, 1982

District Court of Appeal of Florida · decided 1982-02-03

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

Decided 1982-02-03

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.1981). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by filing a motion to vacate in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.

SCHEB, C. J., and RYDER and SCHOONOVER, JJ., concur.
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