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JONES v. STATE

District Court of Appeal of Florida, First District.
Nov 19, 1976

PER CURIAM.

The judgments are AFFIRMED, but the cause is REMANDED with directions to sentence the defendant on one count only, as the two counts were part of the same criminal transaction. Robinson v. State, 325 So.2d 427 (Fla.App. 1st, 1976). The defendant need not be present when the sentence is so modified.

AFFIRMED, but REMANDED for correction of sentences.

BOYER, C.J., and MILLS and SMITH, JJ., concur.