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STATE v. TAVEL

No. 81-428.

407 So.2d 953 (1981)

The STATE of Florida, Appellant, v. Robert Lee TAVEL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 11, 1982.

Attorney(s) appearing for the Case

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

Bennett H. Brummer, Public Defender and Karen M. Gottlieb, Asst. Public Defender, for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

SCHWARTZ, Judge.

The defendant was given a pre-Villery1 sentence of three years in the state prison to be followed by two years probation. He was released after serving only two years and two months of the three year term. In the order now under review, the trial court rejected the state's position that the defendant was "on parole" for the remaining ten months and began the probationary term only at the conclusion of the full three...

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