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472 So. 2d 491

472 So.2d 491

10 Fla.L.Weekly 1435

Catlett v. State

District Court of Appeal of Florida · decided 1985-06-12

Relies on 374 So. 2d 1154 - Bradley v. State

Decided 1985-06-12

PER CURIAM.

¶1We affirm that portion of the trial court’s order denying the defendant’s motion pursuant to Florida Rule of Criminal Procedure 3.850 to vacate his conviction and sentence for robbery. We reverse, however, that portion of said order which denies the motion to vacate his conviction and sentence of life imprisonment for first degree murder on the authority of Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979). Accordingly, we remand the cause with directions to vacate and set aside the appellant’s conviction and sentence for first degree murder.

¶2AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

DOWNEY, WALDEN and BARKETT, JJ., concur.
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