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WALKER v. STATE

No. 81-602.

399 So.2d 63 (1981)

James D. WALKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 26, 1981.

Attorney(s) appearing for the Case

James D. Walker, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, BASKIN and FERGUSON, JJ.

PER CURIAM.

Incarceration pursuant to the split sentence alternatives found in Sections 948.01(4) and 948.03(2), Florida Statutes (1979) which equals or exceeds one year is invalid. This applies to incarceration as a condition of probation as well as to incarceration followed by a specific period of probation. Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981).

Remanded for resentencing...

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