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STATE v. SUTTON

No. 78-2095.

371 So.2d 717 (1979)

STATE of Florida, Appellant, v. Dale SUTTON, Appellee.

District Court of Appeal of Florida, Second District.

June 8, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals from the grant of a motion to reduce appellee's sentence.

Appellee was sentenced on June 23, 1978, to eleven and one-half months in county jail, beginning September 15, 1978. No appeal was filed. On November 3, 1978, the court granted a motion to reduce appellee's sentence to two years probation because appellee needed treatment not available in the county jail. Appellee made no allegation

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