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513 So. 2d 1113

513 So.2d 1113

12 Fla.L.Weekly 2425

Smith v. State

District Court of Appeal of Florida

Decided October 15, 1987

District Court of Appeal of Florida · decided 1987-10-15

Relies on 513 So. 2d 217 - Hope v. State

Decided 1987-10-15

PER CURIAM.

¶1Appellee filed a motion to relinquish jurisdiction so that the trial court could vacate appellant’s sentence and impose a sentence which did not exceed the statutory maximum. The only issue raised by appellant is the imposition of a sentence in excess of the statutory maximum. Therefore, the motion to relinquish jurisdiction is denied. See Hope v. State, 513 So.2d 217 (Fla. 1st DCA 1987).

¶2Accordingly, appellant’s sentence is vacated and this cause is remanded for resen-tencing.

MILLS, JOANOS and BARFIELD, JJ., concur.
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