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STOKES v. STATE

Nos. 83-375, 83-399.

446 So.2d 253 (1984)

Fred James STOKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 8, 1984.

Attorney(s) appearing for the Case

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

Jim Smith, Attorney General, Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Stokes' judgments are affirmed. However, his sentence is remanded for correction because the lower court did not give Stokes credit for time in the Department as required by section 39.111(5)(b), Florida Statutes (1981), an error the state concedes. See Green v. State, 446 So.2d 253 (Fla. 5th DCA 1984).

AFFIRMED and REMANDED.

ORFINGER, C.J., and SHARP...

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