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BOWNES v. STATE

No. 76-462.

345 So.2d 787 (1977)

Eugene S. BOWNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and James R. Bean, III, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., for appellee.

DAUKSCH, Judge.

This is an appeal of an illegal sentence and we remand for resentencing.

This Appellant was convicted of a first degree misdemeanor, attempted burglary, and a second degree misdemeanor, petit larceny. On the first degree misdemeanor he was sentenced to one year in the county jail and three years probation after he had served six months of that imprisonment. Since the maximum jail term he could have received was one year the sentence was excessive...

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