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TOOMBS v. STATE

No. 80-2238.

404 So.2d 766 (1981)

Darnell Bethea TOOMBS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 28, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

On September 6, 1977, Toombs pleaded guilty to burglary of a dwelling and was placed on probation for four years with the special condition that he be incarcerated for three years.1 Toombs served the prison term. Toombs then violated a condition of his probation. On October 21, 1980, upon the revocation of Toombs' probation, the trial court imposed a split sentence of one

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