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605 So. 2d 176

Harris v. State

District Court of Appeal of Florida

Decided September 30, 1992

District Court of Appeal of Florida · decided 1992-09-30

Relies on 283 So. 2d 857 - Troupe v. Rowe · 495 So. 2d 283 - State v. Wagner

Decided 1992-09-30

HALL, Judge.

¶1Glenn Harris challenges his conviction of sale of cocaine within one thousand feet of a school. We only find merit in his contention that he was twice put in jeopardy when he was resenteneed after having begun to serve his original, legal sentence. Troupe v. Rowe, 283 So.2d 857 (Fla.1973); State v. Wagner, 495 So.2d 283 (Fla. 2d DCA 1986).

¶2Accordingly, we reverse Harris’s sentence and remand with directions that his original sentence be reinstated.

RYDER, A.C.J., and FRANK, J., concur.
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