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PEEPLES v. STATE

No. NN-189/T1-63.

376 So.2d 287 (1979)

Ernest PEEPLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 29, 1979.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence in an aggravated assault case. Because aggravated assault is a third degree felony the maximum imprisonment to which appellant could be sentenced is five years. Section 784.021, Florida Statutes (1977); Section 775.082(3)(d), Florida Statutes (1977). The trial court erred in sentencing appellant to three years in prison and seven years probation. The total time in prison and on probation cannot exceed the maximum for...

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