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JOHNSON v. STATE

No. 85-95.

482 So.2d 398 (1985)

Charles Barry JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 4, 1986.

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 Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

This appeal challenges the legality of a six-year sentence of incarceration imposed upon a youthful offender under section 958.04, Florida Statutes, subsequent to revocation of his community control, which was part of a prior sentence of two years in prison followed by two years of community control. The appellant bases his argument on section 958.05, Florida Statutes (1983), which provides, in pertinent part:

958.05 Judicial disposition...

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