FREEMAN v. STATE

No. 79-920.

382 So.2d 1307 (1980)

Michael D. FREEMAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 21, 1980.


Attorney(s) appearing for the Case

Ginsburg, Byrd & Jones and Fred S. Pflaum, Sarasota, for appellant.

Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HUBBART and NESBITT, JJ., and CHARLES A. CARROLL (Ret.), Associate Judge.


NESBITT, Judge.

The issue which is again before us is whether the imposition of a long term sentence imposed under the guise of a special condition of probation is permissible. Again, we rule that it is not. We therefore reverse the order denying the motion to correct the sentence and remand for proper sentencing.

On June 29, 1978, after a non-jury trial, appellant was convicted under a three-count information for: (1) sale and delivery of a controlled substance...

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