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SMITH v. STATE

No. 80-1211.

399 So.2d 498 (1981)

Daniel Steven SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 10, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Appellant Smith was convicted of aggravated battery in violation of section 784.045, Florida Statutes (1979). The trial court sentenced Smith to the custody of the Department of Corrections for fifteen years with five years of that custody to be imprisonment, followed by ten years of that custody to be probation. It is this sentence that Smith is appealing.

In the recent case of Villery v. Florida Parole and Probation Comm'n.,

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