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JONES v. STATE

No. 79-309.

395 So.2d 226 (1981)

Frankie JONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 3, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Peter Raben, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

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

BASKIN, Judge.

Summary denial of defendant Frankie Jones' Motion to Vacate Judgment and Sentence filed pursuant to Florida Rule of Criminal Procedure 3.850 is the subject of this appeal. Defendant contends that the sentences he received upon revocation of his probation exceeded the legal maximum. We agree.

Upon revocation of his probation, defendant Jones was sentenced as follows:

Count I — Possession of Controlled Substance, methaqualone;...

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