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LEWIS v. STATE

No. 74-221.

298 So.2d 540 (1974)

Raymond Lonnie LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 9, 1974.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and H. Joseph McGuire, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

This is a felony case. The possible maximum penalty for the offense was a term of five years in the state prison. Defendant plead guilty. Adjudication and sentence was withheld. Instead, defendant was placed on five years' probation with condition (q) thereof being:

"(q) Aforesaid shall spend ten (10) months in the Orange County Correction Facility, with credit for time served... ."

Things went along and, while serving the ten months...

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