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WESLEY v. STATE

No. 80-1167.

400 So.2d 175 (1981)

Betsy WESLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 24, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant's split sentence of eighteen months imprisonment followed by three and one-half years probation is vacated and the case is remanded to the trial court for resentencing in accordance with the principles set forth in Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981).

DAUKSCH, C.J., and ORFINGER, J., concur.

COWART, J., dissents with opinion.

COWART...

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