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SPELL v. STATE

No. 81-650.

406 So.2d 120 (1981)

Marvin SPELL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 25, 1981.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Kathe Kates Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the conviction of appellant without prejudice to appellant raising the question of the illegality of his sentence in a Florida Rule of Criminal Procedure 3.850 motion under the holding in Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla. 1981).

RYDER, A.C.J., and DANAHY and SCHOONOVER...

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